Rose Reichenthal, Respondent, v. New York, Ontario and Western Railway Company, Appellant; Max Reichenthal, Respondent, v. New York, Ontario and Western Railway Company, Appellant

Rose Reichenthal, Respondent, v. New York, Ontario and Western Railway Company, Appellant. Max Reichenthal, Respondent, v. New York, Ontario and Western Railway Company, Appellant. Railroads— actions for injuries to wife who was not passenger—judgments in favor of plaintiffs, wife and husband, reversed on ground that verdicts in favor of plaintiffs are against weight of evidence on question whether injured plaintiff, who was not passenger, was thrown from car to ground or platform by defendant’s negligence. Appeals from judgments of the Supreme Court in favor of the respective plaintiffs, entered in the New York county clerk’s office May 24, 1924, upon verdicts of the jury for $7,500 and $2,500 rendered after trial at the New York Trial Term, and also from orders entered June 12, 1924, denying motions for a new trial. [MAJORITY — Per Curiam:] Per Curiam: The judgments and orders should be reversed and new trials ordered, with costs to appellant "to abide the event, upon the ground that the verdicts are against the weight of evidence on the issue of fact whether the plaintiff Rose Reichenthal, who at the time of the accident was not a passenger, was thrown from a car of the train to the ground or station platform by reason of any negligence on the part of the defendant. Present— Clarke, P. J., Merrell, Finch, Martin and Burr, JJ. Judgments and orders reversed and new trials ordered, with costs to appellant to abide the event.