← Cases

Kronthal v. Metropolitan Street Railway Co.

93 N.Y.S. 1137 Court N.Y. App. Div. English

Contents

Majority

p. 1137
KRONTHAL, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
April, 1905.)

Headnote

Appeal from City Court of New York. Action by Louis ICronthal against the Metropolitan Street Railway Company. From a judgment in favor of plaintiff, defendant appeals. Reversed on condition.
Henry A. Robinson (Bayard H. Ames and F. Angelo Gaynor, of counsel), for appellant.
Joseph Kohler, for respondent.

It is quite evident that the jury in its award improperly included punitive damages. The judgment will be reversed, and a new trial ordered, unless the respondent stipulates to reduce the judgment to $200 and costs, in which event the judgment, as modified, will be affirmed, without costs.