Smith v. Fitzsimmons

Full title: CYRUS D. SMITH, Respondent, v. HENRY A. FITZSIMMONS, Appellant

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 1, 1916

175 App. Div. 961 (N.Y. App. Div. 1916)

Opinion

November, 1916.

Judgment and order reversed on the ground that the damages are excessive, and new trial granted, with costs to appellant to abide event, unless the plaintiff stipulates to reduce the recovery to $750, in which event the judgment is so modified, and as modified judgment and order affirmed, without costs. All concurred.