Majority
p. 888William Hannes, as Administrator, etc., of Samuel Hannes, Deceased, Respondent, v. Adrian H. Joline and Douglas Robinson, as Receivers of the Metropolitan Street Railway Company, Appellants.
Headnote
Appeal from a judgment of the Supreme Court, entered on the 5th day of March, 1913, upon the verdict of a jury, and from an order entered on the ÍSth day of March, 1913, denying a motion for a new trial.The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide event, upon the ground that the finding of the jury that the plaintiff was free from contributory negligence was against the evidence. (Zucker v. Whitridge, 305 N. Y. 50 .) Present — Ingraham, P. J., -McLaughlin, Laughlin, Miller and Dowling, JJ. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.