Torts · MBE-tested

Edwin Bethka, an Infant, by William C. Bethka, His Guardian ad Litem, Respondent, v. Henry Horr and Anthony Cimpi, Appellants

251 A.D. 877·New York Supreme Court, Appellate Division·1937·NY

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Opinion

Edwin Bethka, an Infant, by William C. Bethka, His Guardian ad Litem, Respondent, v. Henry Horr and Anthony Cimpi, Appellants. [MAJORITY] Judgment and order affirmed, with costs. AH concur, except Taylor, J., who dissents and votes for reversal on the facts and for granting a new trial on the ground that the finding of negligence on the part of the defendant Horr is against the weight of the evidence. (The judgment awards damages for personal injuries in an automobile negligence action. The order denies a motion for a new trial on the minutes.) Present — Sears, P. J,, Crosby, Lewis, Cunningham and Taylor, JJ.