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Fleming v. New York Transportation Co.

162 A.D. 893 Court N.Y. App. Div. English

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p. 893
Catherine J. Fleming, as Administratrix, etc., of Thomas F. Fleming, Deceased, Respondent, v. New York Transportation Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 28th day of January, 1913, upon the verdict of a jury, and also from an order entered on the 3d day of February, 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, on the ground that the verdict is against the weight of the evidence as to the lack of contributory negligence. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Hotchkiss, JJ.; Ingraham, P. J., and Hotchkiss, J., dissented and voted for affirmance. Judgment and order reversed, new trial ordered, costs to appellant to abide event.