Hyperlawhypertext legal database Smith v. Lehigh Valley R. 83 N.Y.S. 1117

← Cases

Smith v. Lehigh Valley R.

83 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1903-07-07 English

Contents

Majority

p. 1117
SMITH, Respondent, v. LEHIGH VALLEY R. CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
July 7, 1903.)

Headnote

Action by Porter D. Smith, as administrator, etc., against the Lehigh Valley Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon the ground that the verdict is excessive, unless the plaintiff" stipulates to reduce the verdict to $7,000 as of the date of the rendition thereof, in which event the judgment and order, as thus modified,_ are affirmed, without costs of this appeal to either party.

McLENNAN, J., votes for the absolute reversal of the judgment and order.