Appellate Division of the Supreme Court of New York, 1920

Hayes v. Smith

Hayes v. Smith
Appellate Division of the Supreme Court of New York · Decided July 15, 1920
193 A.D. 906
Hayes v. Smith

Opinion of the Court

Judgment and order reversed and new trial granted, costs to abide the event, unless within twenty days plaintiff stipulate to reduce the amount of the verdict to $5,000, in which event the judgment as so modified and the order arc affirmed, without costs. Jenks, P. J., Blaekmar, Kelly and Jaycox, JJ., concur; Mills, J., dissents upon the ground that the court erred in excluding evidence as to automobile tracks upon the highway at folios 1017 and 1291, and votes for reversal.

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