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Kelmer v. Reckitt & Sons, Ltd.

77 N.Y.S. 1130 Court N.Y. App. Div. Decision date 1902-07-08 English

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p. 1130
KELMER, Respondent, v. RECKITT & SONS, Limited, Appellant.
(Supreme Court, Appellate Division, Third Department.
July 8, 1902.)

Headnote

Action by Anthony Iielmer, an infant, by John Iielmer, his guardian ad litem, against Reckitt & Sons, Limited.

Judgment reversed, on the ground that damages aré excessive, and new trial granted, upon payment of costs of former trial by defendant, unless plaintiff stipulates within 15 days from the entry and service of the order herein to reduce the amount of damages to $2,500, in which event the judgment, as so modified, is affirmed, without costs of this appeal to either party, .arid order appealed from affirmed, without costs, on opinion in Kilmer v. Reckitt & Sons (decided at this term) 77 N. Y. Supp. 395 .