Raffaele Villano, as Administrator, etc., of Antonio Villano, Deceased, Respondent, v. New York Times Company, Appellant

Raffaele Villano, as Administrator, etc., of Antonio Villano, Deceased, Respondent, v. New York Times Company, Appellant. Appeal from judgment of the Supreme Court, entered in the New York county clerk’s office on the 17th day of January, 1913, upon the verdict of a jury and also from an order entered on the 18th day of January, 1913, denying a motion for a new trial. [MAJORITY — Per Curiam:] Per Curiam: The verdict of the jury that the defendant was negligent and that plaintiff was free from contributory negligence was without competent evidence to support it. It is also clear that the declarations of the . deceased and Dunlap were incompetent, and were improperly received in evidence. The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide event. Present — Ingraham, P. J., McLaughlin, Laughlin, Scott and Hotchkiss, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.