Roberts v. Brooklyn Heights Railroad

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000 and extra allowance proportionately, in which case the judgment, as modified, is affirmed, without costs of this appeal to either party.-

GOODRICH, P. J., and WOODWARD and SEWELL, JJ„ concur. HIRSCHBERG and JENKS, JJ., vote for affirmance.