Torts · MBE-tested
Sam Pomerantz, Respondent, v. Leo Schlesinger, Appellant
179 A.D. 883·New York Supreme Court, Appellate Division·1917·NY
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Opinion
Sam Pomerantz, Respondent, v. Leo Schlesinger, Appellant.
Appeal from a judgment of the Supreme Court, entered in the New Y ork county clerk’s office November 25, 1916, upon the verdict of a jury, and also from an order entered January 19, 1917, denying the defendant’s motion for a new trial.
[MAJORITY — Per Curiam:]
Per Curiam:
The judgment and order should be reversed and a new trial ordered, with costs to appellant to abide event, on the ground that the finding of the jury of the defendant’s negligence is against the weight of evidence; and also upon the ground that error was committed in receiving evidence as to repairs upon the machine in question after the accident. Present — Clarke, P. J., Scott, Dowling, Page and Davis, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event.