Hetherston v. Central Park, North & East River Railroad

Majority

p. 942

Charles Hetherston, Respondent, v. Central Park, North and East River Railroad Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 13th day of December, 1913, on the verdict of a jury, and also from an order entered on the 26th day of December, 1913, denying a motion for a new trial.

The verdict of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence is against the freight of evidence. The j udgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present—Ingraham, P. J., Laughlin, Clarke, Dowling and Hotchkiss, JJ.; Dowling, J., dissented. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.