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FAUBEL v. DRAPER, JR.

279 A.D. 667 (1951)

Sherwood Faubel, Respondent, v. William H. Draper, Jr., as Trustee of Long Island Rail Road Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 19, 1951.

Judgment reversed on the law and the facts, without costs, and a new trial granted.

The original verdict must have been the result of "passion, prejudice or a wrong conception of the evidence" in view of the trial judge finding it necessary to make so great a cut in the verdict to the sum of $100,000. Consequently in the interest of justice there should be a new trial before...

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