Bode v. Panama Railroad — 165 A.D. 895

Majority

p. 895

First Department,

November, 1914.

Carl Bode, Respondent, v. Panama Railroad Company, Appellant.

Headnote

Appeal from a judgment of the Supreme Court, entered in the ¡New York county clerk’s office on the 4th day of May, 1914, upon the verdict of a jury and from an order entered on the 6th day of May, 1914, denying a motion for a new trial.

The verdict as to defendant’s negligence was clearly against the weight of evidence. The judgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide event. Present—Ingraham, P. J., McLaughlin, Clarke, Dowling and Hotchkiss, JJ. Judgment and order reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.