Sproat v. Brooklyn Heights Railroad — 72 N.Y.S. 1129

Majority

p. 1129

SPROAT, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

October 24, 1901.)

Headnote

Action by William Sproat, an infant, by Elizabeth Stapleton, his guardian ad litem, against the Brooklyn Heights Railroad Gompany.

No opinion. Judgment reversed on the ground that the damages are excessive, and new trial granted on condition that the defendant pay to the plaintiff within 20 days the costs of the trial and of this appeal.

GOODRICH, P. J„ and WOODWARD, JENKS, and SEWELL, JJ., concur. HIRSCHBERG, J., dissents.