Eschberger v. Consolidated Rail Corp.

—Judgment unanimously reversed on the law and facts without costs and new trial granted on the issue of damages only unless plaintiff, within 20 days of service of a copy of the order herein with notice of entry, stipulates to reduce the verdict to $3,005,000, in which event the judgment is modified accordingly and as modified affirmed without costs. Memorandum: Plaintiff, a brakeman, injured his back while he was manually adjusting a misaligned draw-bar on a railroad car at defendant’s Frontier Yard. Plaintiff commenced this action seeking damages for personal injuries, alleging causes of…