(No. 5983.)
(Supreme Court, Appellate Division, First Department.
June 19, 1914.)
Appeal from Trial Term, New York County. Action by Charles Hetherston against the Central Park, North & East River Railroad Company. Judgment for plaintiff, and motion for new trial denied, and defendant appeals. Judgment and order reversed, and new trial ordered.
Chase Mellen, of New York City, for appellant.
Frank L. Tyson, of Brooklyn, for respondent.
The verdict of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence is against the weight of evidence. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to appellant to abide the event.
DOWLING, J., dissents.
148 N.Y.S. 1120
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