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Roberts v. Brooklyn Heights Railroad

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1901-10-04
Citations: 72 N.Y.S. 1125
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PER OURIAM.

Judgment and order reversed, and new trial granted, costs to abide the event, unless within 20 days plaintiff stipulate to reduce recovery of damages to the sum of $5,000 and extra allowance proportionately, in which case the judgment, as modified, is affirmed, without costs of this appeal to either party.-

GOODRICH, P. J., and WOODWARD and SEWELL, JJ„ concur. HIRSCHBERG and JENKS, JJ., vote for affirmance.