General
John M. O'Connor, Respondent, v. Interborough Rapid Transit Company, Appellant
172 A.D. 947·New York Supreme Court, Appellate Division·1916·NY
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Opinion
John M. O’Connor, Respondent, v. Interborough Rapid Transit Company, Appellant.
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 3d day of June, 1915, upon the verdict of a jury, and also from an order entered on the 21st dayof June, 1915, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
We think that the finding of the jury that the defendant was negligent is against the weight of the evidence. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present— Clarke, P. J., Laughlin, Dowling, Smith and Davis, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.