Johnston v. Delaware & Hudson Co.

233 A.D. 884 | N.Y. App. Div. | 1931

Order affirmed, with costs, except that the time granted to plaintiff to file stipulation consenting to reduction of verdict is extended to twenty days after the entry and service of a copy of the order of this court with notice of entry thereof on the plaintiff’s attorney. All concur, except Hill and Rhodes, JJ., who dissent; Hill, J;, dissents and votes for a modification of the order so as to provide for a reduction of the verdict to $30,000, upon stipulation of the plaintiff, upon the ground that the amount of the verdict is against the weight of the evidence and is excessive; Rhodes, J., dissents and votes for a reversal and reinstatement of the verdict.