Majority
p. 711Louis Reif, an Infant, by Charles Reif, His Guardian ad Litem, Respondent, v. Jacob Rutenberg, Appellant.
Judgment reversed and new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the evidence. Present — Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ.; Finch and O’Malley, JJ., dissent and vote for affirmance upon the ground that the evidence upon this second trial presents an issue which lies within the province of the jury and which the court may not take from them.