Guissippe Craprizzio, Respondent, v. Central New England Railway Company, Appellant

Guissippe Craprizzio, Respondent, v. Central New England Railway Company, Appellant. Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the ISth day of January, 1914, upon the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial. [MAJORITY — Per Curiam:] Per Curiam: We think the finding of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence was against the weight of evidence. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present—Ingraham, P. J., Laughlin, Clarke, Dowling and Hotchkiss, JJ.; Ingraham, P. J., concurred in the reversal upon the ground that the evidence is insufficient to justify the finding of the jury that the defendant was guilty of negligence. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.