Huested v. Richmond Light & Railroad — 156 A.D. 918

Majority

p. 918

Edward L. Huested, as Administrator, etc., of Orel Huested, Deceased, Appellant, v. Richmond Light and Railroad Company, Respondent.

Judgment reversed and new trial granted, costs to abide the event, upon the ground that the evidence presented an issue which should have been submitted to the jury. . Jenks, P. J., Thomas and Rich, JJ., concurred; Hirsehberg and Burr, JJ., voted to modify the judgment by striking out the words “ upon the merits,” and to affirm the judgment as so modified, without costs. ' ;