General
Mariarosa Dipietro, Respondent, v. The Delaware, Lackawanna and Western Railroad Company, Appellant
117 A.D. 916·New York Supreme Court, Appellate Division·1907·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Mariarosa Dipietro, Respondent, v. The Delaware, Lackawanna and Western Railroad Company, Appellant.
Judgment and order reversed and new trial ordered, with costs to the appellant to abide the event, unless the plaintiff stipulates to reduce the verdict to the sum of §100 as of the date of the rendition thereof, in which event the judgment as so modified and orders are affirmed, ; without costs of this appeal to either party.
[MAJORITY]
All concurred, except McLennan, P. J., and Robson, J., who voted for reversal on the ground that there is no evidence which would entitle the plaintiff' to a recovery for humiliation, which was the only question of damage submitted to the jury.