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Donahue v. Utica & M. R.

90 N.Y.S. 1094 Court N.Y. App. Div. Decision date 1904-11-15 English

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p. 1094
DONAHUE, Respondent, v. UTICA & M. R. CO., Appellant.
(Supreme Court, Appellate Division. Fourth Department.
November 15, 1904.)

Headnote

Action by Jeffrey Donahue against the Utica & Mohawk Railroad Company.

Judgment and order reversed, and new trial ordered, with costs to appellant to ■ abide event, unless the plaintiff stipulates to reduce the verdict, as of the date of the rendition thereof, to the sum of $2,000, in which event the judgment, as so modified, and order denying the motion for new trial, are affirmed, without costs of this appeal to either party.