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Birkby v. International Railway Company

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 1, 1923
206 App. Div. 812 (N.Y. App. Div. 1923)

Opinion

September, 1923.


Judgment and order reversed upon questions of fact, and a new trial granted, with costs to appellant to abide event, upon the ground that the verdict is against the weight of the evidence on the question of damages and is excessive, unless the plaintiff shall, within ten days, stipulate to reduce the verdict to the sum of $9,000, 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. All concur.


Summaries of

Birkby v. International Railway Company

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 1, 1923
206 App. Div. 812 (N.Y. App. Div. 1923)
Case details for

Birkby v. International Railway Company

Case Details

Full title:AGNES BIRKBY, as Administratrix, etc., of JOHN BIRKBY, Deceased…

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

Date published: Sep 1, 1923

Citations

206 App. Div. 812 (N.Y. App. Div. 1923)