Elizabeth Mann, as Administratrix, etc., of Joseph Finnell, Deceased, Appellant, v. The Nassau Electric Railroad Company, Respondent

Elizabeth Mann, as Administratrix, etc., of Joseph Finnell, Deceased, Appellant, v. The Nassau Electric Railroad Company, Respondent. [MAJORITY] Order setting aside verdict reversed upon the law and the facts, with costs, and verdict reinstated in the sum of $4,000 upon condition that within five days from service of a copy of the order entered herein, appellant stipulate that the verdict be reduced to that amount; in which event judgment is directed to be entered thereon, with costs; otherwise, order unanimously affirmed, with costs. In our opinion the verdict as rendered was excessive. Rich, Seeger and Scudder, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote to affirm upon the ground that the court exercised proper discretion in setting aside the verdict.