90 N.Y.S. 1041 | N.Y. App. Term. | 1904
The testimony of the witness Wilmoth affords direct proof of the plaintiff’s employment by the defendants, but the recovery was excessive. Concededly, the plaintiff left the employment voluntarily about the middle of the second month of the
Judgment reversed, and new trial ordered, with costs to appellants to abide the event, unless respondent stipulates to reduce recovery to $40, in which event the judgment, so reduced, will be affirmed, without costs.