Burger v. Frick Co. — 92 N.Y.S. 1118

Majority

p. 1118

BURGER, Respondent, v. FRICK CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

March 15, 1905.)

Headnote

Action by George W. Burger against the Frick Company.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, unless the plaintiff stipulates to reduce the verdict to the sum of $400, 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.

WILLIAMS, J., votes for unconditional reversal.