Jane Murphy, as Administratrix, etc., Respondent, v. Eighth Avenue Railroad Company, Appellant

Jane Murphy, as Administratrix, etc., Respondent, v. Eighth Avenue Railroad Company, Appellant. Trial — verdict — instructions. Appeal from a judgment entered upon a verdict for $19,500 and an order denying a motion for a new trial in an action for damages for death claimed to be caused by the negligence of the defendant. [MAJORITY] Judgment and order affirmed, with costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.; Clarke, P. J., dissenting. [DISSENT — Clarke, P. J. (dissenting):] Clarke, P. J. (dissenting): I dissent upon the ground that the finding of the jury that defendant was negligent and the decedent free from contributory negligence is against the evidence and the weight thereof, and further upon the ground that the learned trial court submitted contradictory instructions to the jury calculated to obscure and mislead, some of them based upon assumptions of fact not warranted by the evidence.