Hallberg v. New York Central & Hudson River Railroad

Judgment and order reversed, new trial ordered, with costs to appellant to abide event, upon the ground that the verdict is excessive, unless plaintiff stipulates to reduce the verdict to $10,000, in which event the judgment as so reduced and the order appealed from affirmed, without costs. Order to be settled on notice. Present — Ingraham, P. J. (dissenting), McLaughlin, Laughlin, Miller'and Dowling, JJ.

I dissent and vote for a reversal of the judgment and a new trial. I am of opinion that the verdict of the jury upon the ground that the defendant was negligent is not sustained by the evidence.