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Roberts v. Brooklyn Heights Railroad

72 N.Y.S. 1125 Court N.Y. App. Div. Decision date 1901-10-04 English

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p. 1125
ROBERTS, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
October 4, 1901.)

Headnote

Action by Beatrice Roberts against the Brooklyn Heights Railroad Company.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000 and extra allowance proportionately, in which case the judgment, as modified, is affirmed, without costs of this appeal to either party.-

GOODRICH, P. J., and WOODWARD and SEWELL, JJ„ concur. HIRSCHBERG and JENKS, JJ., vote for affirmance.