Appellate Division of the Supreme Court of New York, 1931

Johnston v. Delaware & Hudson Co.

Johnston v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1931
233 A.D. 884
Johnston v. Delaware & Hudson Co.

Opinion of the Court

Order affirmed, with costs, except that the time granted to plaintiff to file stipulation consenting to reduction of verdict is extended to twenty days after the entry and service of a copy of the order of this court with notice of entry thereof on the plaintiff’s attorney. All concur, except Hill and Rhodes, JJ., who dissent; Hill, J;, dissents and votes for a modification of the order so as to provide for a reduction of the verdict to $30,000, upon stipulation of the plaintiff, upon the ground that the amount of the verdict is against the weight of the evidence and is excessive; Rhodes, J., dissents and votes for a reversal and reinstatement of the verdict.

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