Appellate Division of the Supreme Court of New York, 1935

Phillips v. Brooklyn & Queens Transit Corp.

Phillips v. Brooklyn & Queens Transit Corp.
Appellate Division of the Supreme Court of New York · Decided May 15, 1935
244 A.D. 825
Phillips v. Brooklyn & Queens Transit Corp.

Opinion of the Court

The plaintiff, while climbing out of a subway excavation, where he had been working, was, as alleged, struck by a street surface car, thrown back into the excavation and injured. He brought an action against defendant and recovered a verdict for $3,500. Judgment reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order herein the plaintiff stipulate that the verdict be reduced to $1,500; in which event the judgment, as so reduced, is unanimously affirmed, with costs. Lazansky, P. J., Hagarty, Tompkins and Johnston, JJ., concur; Davis, J., not voting.

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