Torts · MBE-tested

Elizabeth O. Higgins, as Limited Administratrix of the Estate of Martin Higgins, Appellant, v. Donald Malin, Respondent

268 A.D. 814·New York Supreme Court, Appellate Division·1944·NY

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Opinion

Elizabeth O. Higgins, as Limited Administratrix of the Estate of Martin Higgins, Appellant, v. Donald Malin, Respondent. [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 verdict is against the weight of the evidence. All concur, except Harris and McCurn, JJ., who dissent and vote for affirmance. • (The judgment is for defendant for no cause of action in an automobile negligence action. The order denies a motion for a new trial.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.