Majority
p. 936Maximilian Grab, Respondent, v. Charles I. Hudson and Others, Doing Business as Partners under the Firm Name and Style of C. I. Hudson & Company, Appellants.
Headnote
Appeal from a judgment entered on the 25th day of October, 1909, and from an order entered on the 8th day of October, 1909, denying a motion for a new trial.The judgment'and order appealed from are reversed and a new trial ordered, with costs to appellants to abide event, on the ground that the verdict is against the- weight of evidence. Present — Ingraham, Laughlin, Clarke, Scott and Miller, JJ.; Clarke, J., dissented, on the ground that it was a pure question of fact, which was for the jury. Judgment'and order reversed, new trial ordered, costs to appellants to abide event.