Appellate Division of the Supreme Court of New York, 1909

Heitman v. Pennsylvania Railroad

Heitman v. Pennsylvania Railroad
Appellate Division of the Supreme Court of New York · Decided March 15, 1909
131 A.D. 926; 115 N.Y.S. 1124
Heitman v. Pennsylvania Railroad

Opinion of the Court

Judgment and order *927reversed and new trial ordered, with costs to appellant to abide event, unless the plaintiff, within twenty days, stipulates to reduce the verdict to the sum of §5,000 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and as so modified is, together with the order, affirmed, without costs of this appeal to either party. All concurred, except McLennan, P. J. and Kruse, J., who dissented and voted for absolute affirmance.

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