Irving v. City of Utica — 95 N.Y.S. 1137

Majority

p. 1137

IRVING, Respondent, v. CITY OF UTICA, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 29, 1905.)

Headnote

Action by Bertha Irving, an infant, etc., against the city of Utica.

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 ot $2,500 as of the date of the rendition thereof, in which event the judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party.

MCLENNAN, P. j., and NASH, J., dissent, on authority of same case on former appeal, reported in 98 App. Div. 635 , 90 N. Y. Supp. 1101 .