Wright v. Fleischmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henrietta Fleischmann and others, composing the copartnership firm of and doing business under the firm name and style of Fleischmann & Go., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day of October, 1903, upon the verdict of a jury for $5,000, which was reduced by stipulation to $2,500, and also from an order entered in said clerk’s office on the 29th…
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Appeal by the defendants, Henrietta Fleischmann and others, composing the copartnership firm of and doing business under the firm name and style of Fleischmann & Go., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 29th day of October, 1903, upon the verdict of a jury for $5,000, which was reduced by stipulation to $2,500, and also from an order entered in said clerk’s office on the 29th day of October, 1903, denying the defendants’ motion for a new trial made upon the minutes, upon plaintiff’s stipulating…
1Opinion of the Court
Willard Bartlett, J.:
This is a negligence suit in which the plaintiff has recovered a verdict of $5,000 for injuries sustained by him in consequence of a collision upon a public highway between a bicycle which he was riding and a wagon driven by a servant of the defendant. After the verdict the defendants moved for a new trial upon the minutes, and this motion was denied upon condition that the plaintiff stipulate to reduce the damages to $2,*00. The required stipulation was given and the defendants now appeal from the judgment and order..
The points presented in behalf of the appellants are,…
2Cases cited1 opinion
- Standard T. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1904
3Cited by1 opinion
- Campbell v. . EmslieNew York Court of Appeals · 1907