129 N.Y.S. 609 | N.Y. App. Div. | 1911
There was evidence in this case which, if believed, justified a verdict for the plaintiff, and the legal questions as to his right to recover were satisfactorily disposed of by the trial justice. There is no evidence, however, to sustain the amount of damages awarded, and upon this question a Wrong theory seems to
It follows that the judgment and order appealed from must be reversed and a new trial granted, with costs to appellant'to abide the event.
Ingraham, P. J., Clarke, Miller and Dowling, JJ., concurred.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event.