Pierson v. Delaware & Hudson Co. — 85 N.Y.S. 1144

Majority

p. 1144

PIERSON, Respondent, v. DELAWARE & HUDSON CO., Appellant.

(Supreme Court, Appellate Division, Third Department.

January 6, 1904.)

Headnote

Action by John H. Pierson against the Delaware & Hudson Company.

Judgment and order reversed, on the ground that the damages are excessive, and a new trial granted, upon payment of costs of the former trial by defendant, unless the plaintiff stipulate to reduce verdict to $7,000, in which event the judgment and order, as so modified, are affirmed, without costs of this appeal to either party.

HOUGHTON, J., votes generally for reversal.