Minnie Conant, Respondent, v. Alexander A. Forman and Catherine Forman, Appellants

Minnie Conant, Respondent, v. Alexander A. Forman and Catherine Forman, Appellants. [MAJORITY] As to defendant Alexander A. Forman, judgment and order reversed on the law and the facts, with costs, and complaint dismissed, without costs. As to the defendant Catherine Forman, judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $1,000, 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 either party. Memorandum: The finding of the jury as to the harboring of the dogs by the defendant Alexander A. Forman is, in our opinion, contrary to and against the weight of the evidence. As to the defendant Catherine Forman we find the damages excessive. By this decision we are not to be taken as approving the language of the counsel for the respondent in his summation but the language relates principally to damages and we think damages to the amount of $1,000 are warranted by the evidence. All concur, except Lewis and Dowling, JJ., who dissent and vote for affirmance as to both defendants. (The judgment is for plaintiff for damages for personal injuries sustained by reason of being attacked and bitten by vicious dogs. The order denies a motion for a new trial.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ.