Majority
p. 931Barbara Hensle, as Administratrix, etc., Respondent, v. Edison Electric Illuminating Company of Brooklyn, Appellant.
Headnote
Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 39th day of March, 1915, upon the verdict of a jury, and also from an order entered on the 39th day of March, 1915, denying a motion for a new trial.We think, upon the evidence, that the finding that the deceased was free from contributory negligence is not sustained. The judgment and order appealed from are, therefore, reversed; the finding that the deceased was not guilty of contributory negligence is reversed, and a new trial ordered, with costs to appellant to abide the event, Present — Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ.; Ingraham, P. J., and Clarke, J., dissented and voted for affirmance. Judgment and order reversed, new trial ordered, costs to appellant to abide event.