Appellate Division of the Supreme Court of the State of New York July 15, 1933 (Wrinn v. Boston & Maine Railroad)

Judgment and order reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order herein respondent stipulate to reduce the amount of the verdict to $40,000; in which event the judgment as thus modified and the order are affirmed, without costs. Lazansky, P. J., Hagarty, Carswell and Tompkins, JJ., concur; Kapper, J.