Venator v. Delaware, Lackawanna & Western Railroad

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, (l) that the verdict is against the weight of the evidence upon the question of the defendant’s negligence; (2) that the weight of the evidence shows that the automobile was run into the train through the negligence of the driver. All concurred, except Foote and Lambert, JJ., who concurred for reversal but voted for dismissal of the complaint.