Davidson v. Morse Dry Dock & Repair Co.

Order granting motion to set aside verdict unanimously affirmed, with costs. While we are of opinion that the trial justice erred in holding that plaintiff was negligent as matter of law, we nevertheless affirm the order, which is made upon all the grounds stated in section 549 of the Civil Practice Act, as a proper exercise of discretion. Present — Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ.