Marjorie M. Assmann, Respondent, v. Manny Rose and Myer Rose, Individually and as Partners, Doing Business under the Assumed Name and Style of Sally Ann Baking Company, Appellants

Marjorie M. Assmann, Respondent, v. Manny Rose and Myer Rose, Individually and as Partners, Doing Business under the Assumed Name and Style of Sally Ann Baking Company, Appellants. [MAJORITY] Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the findings that defendants were negligent and that plaintiff was free from contributory negligence are against the weight of evidence; and also that the damages are excessive. All concur. (The judgment is for plaintiff in an automobile negligence action. The 'order denies a motion for a new trial.) Present— Crosby, P. J., Cunningham, Taylor, Harris and MeCurn, JJ.