Gallagher v. Birney

¶1Judgment in an action for personal injuries, entered upon the verdict of a jury in favor of the defendant, reversed on the law and the facts and a Hew trial granted, with costs to appellant to abide the event, on the ground that the determination of the jury is against the weight of the evidence. Lazansky, P. J., Johnston and Taylor, JJ., concur; Hagarty and Close, JJ., dissent and vote to affirm.