Appellate Division of the Supreme Court of New York, 1897

Rost v. Brooklyn Heights Railroad

Rost v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of New York · Decided June 8, 1897
45 N.Y.S. 1147 (New York Supplement)
Rost v. Brooklyn Heights Railroad

Opinion of the Court

No opinion. Judgment and order reversed, and new trial granted, costs to abide the event, unless the plaintiff within 20 days stipulates to .reduce the recovery of damages to $20,000 and- extra allowance proportionately. In that event, the judgment is so modified, and as modified affirmed, without costs of this appeal to either party. All concur, except GOODRICH, P. J., who dissents solely on the ground that the recovery, as thus reduced, is excessive. See 41 N. Y. Supp. 1069, 1130.

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