Appellate Division of the Supreme Court of New York, 1914

Candala v. Schenectady Orpheum Theatre Co.

Candala v. Schenectady Orpheum Theatre Co.
Appellate Division of the Supreme Court of New York · Decided March 15, 1914
162 A.D. 919; 146 N.Y.S. 1085
Candala v. Schenectady Orpheum Theatre Co.

Opinion of the Court

Judgment and order reversed and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the damages to $250, in which cáse the judgment, as so modified, and order affirmed, without costs. The court disapproves of the finding of fact that the defendant' had knowledge of the quarrelsome disposition of its employee, the court finding that no exemplary damages are warranted by the evidence. All concurred, except Woodward, J., who voted for affirmance.

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