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WALTER DOWNS, as Administrator, etc., of HENRY C. DOWNS, Deceased, Respondent, v. WESTERN UNION TELEGRAPH COMPANY and Another, Appellants.

Judgment in favor of plaintiff in a death action reversed on the facts and a new trial granted, with costs to appellants 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 $15,000, with interest and costs; in which event the judgment as so reduced is unanimously affirmed, without costs. In our opinion the verdict of $20,000 is excessive. Lazansky, P.J., Young, Carswell, Tompkins and Johnston, JJ., concur.

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DOWNS v. WESTERN UNION TELEGRAPH COMPANY
(Jun 1, 1935)