¶1Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the evidence. All concur, except Harris and McCurn, JJ., who dissent and vote for affirmance. • (The judgment is for defendant for no cause of action in an automobile negligence action. The order denies a motion for a new trial.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.
268 A.D. 814
Higgins v. Malin
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1944
Appellate Division of the Supreme Court of the State of New York · decided 1944-06-28
Decided 1944-06-28