Majority
p. 876Jose Santiago, Respondent, v. Southern Pacific Company, Appellant.
Headnote
Appeal from a judgment of the Supreme Court, entered in the Hew York county clerk’s office on the 5th day of June, 1913, upon the verdict of a jury, and also from an order entered on the 6th day of June, 1913, denying a motion for a new trial.We think that the evidence failed to sustain a finding by the jury that the defendant was negligent. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the event. Present—Ingraham, P. J., McLaughlin, Clarke, Scott and Hotchkiss, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event. . Order to be settled on notice.