Torts · MBE-tested

Lewis E. Freeman, Respondent, v. Town of Westfield of Chautauqua County, New York, Appellant

254 A.D. 642·New York Supreme Court, Appellate Division·1938·NY

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Opinion

Lewis E. Freeman, Respondent, v. Town of Westfield of Chautauqua County, New York, Appellant. [MAJORITY] Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of negligence on the part of the defendant was against the weight of the evidence. All concur. (The judgment is for plaintiff in an action for damages for the death of a horse caused by negligence in the maintenance of a road. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.