Torts · MBE-tested

Ida M. Heiser, Respondent, v. Henry W. Keitzel et al., as Trustees of the International Railway Company, et al., Appellants

277 A.D.2d 1088·New York Supreme Court, Appellate Division·1950·NY

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Opinion

Fourth Department, November, 1950. (November 1, 1950.) Ida M. Heiser, Respondent, v. Henry W. Keitzel et al., as Trustees of the International Railway Company, et al., Appellants. [MAJORITY] Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $8,500, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified, is, together with the order, affirmed, without costs of this appeal to any party. All concur. (Appeal from a judgment for plaintiff in a railway negligence action. The order denied defendants’ motion for a new trial.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.