Torts · MBE-tested
Bessie Wager, Respondent, v. Ralph Herzog, Doing Business as Castle Floor Waxing Co., Appellant
25 A.D.2d 875·New York Supreme Court, Appellate Division·1966·NY
Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.
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Opinion
Bessie Wager, Respondent, v. Ralph Herzog, Doing Business as Castle Floor Waxing Co., Appellant.
[MAJORITY]
In a negligence action to recover
damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Queens 'County, entered May 19,1965, in favor of plaintiff upon a jury verdict. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the findings implicit in the jury’s verdict are contrary to the weight'of the evidence.
Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.