Torts · MBE-tested
Mary Stoyanovich, Respondent, v. Ebling Realty Company, Appellant
173 A.D. 962·New York Supreme Court, Appellate Division·1916·NY
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Opinion
Mary Stoyanovich, Respondent, v. Ebling Realty Company, Appellant.
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 13th day of December, 1916, upon the verdict of a jury, and also from an order entered on the same day, as amended by an order entered on the 20th day of December, 1915, denying a motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
We are of opinion that the findings of the jury that the plaintiff was free from contributory negligence and that the defendant was negligent are 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., McLaughlin, Laughlin, Scott and Dowling, JJ.; Dowling, J., dissented and voted for affirmance. Judgment and order reversed, and new trial ordered, with costs to appellant to abide event.