Citations

Full opinion text

Judgment and order reversed on the law and a new trial granted, with costs to appellant to abide the event, on the ground that the question of defendant’s negligence was for the jury; that there was evidence sufficient to require the submission of the question to the jury. We are not now passing upon the question whether a verdict for plaintiff would have been against the weight of the evidence, as we did in the ease of Froehlich v. Trevor (219 App. Div. 863). All concur. Present — Hubbs, P. J., Clark, Sears, Crouch and Sawyer, JJ.