Judgment modified on the law and the facts by reducing to $70,215.25 the recovery against the defendant City of New York; and as so modified, judgment, insofar as appealed from, affirmed, without costs.
Concededly, the defendant Smith struck plaintiff over the head with his night stick, inflicting serious injuries which included a fracture of the skull and the loss of sight of an eye. Plaintiff claimed that, without any provocation, the blow was struck in the back...
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