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Scott v. Third Avenue Railroad

76 N.Y.S. 1033 Court N.Y. App. Div. Decision date 1902-05-01 English

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p. 1033
SCOTT, Respondent, v. THIRD AVE. R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
May 1, 1902.)

Headnote

Action by Martha R. Scott against the Third Avenue 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 $1,000, and extra allowance proportionately, in which case the judgment, as modified, is affirmed, without costs of this appeal to either party. All concur, except HIRSCHBERG, J., who votes for affirmance.