Majority
p. 811Charles Ten Eyck, as Administrator, etc., of Charles Ten Eyck, Jr., Deceased, Appellant, v. New York Marine Company, Respondent.
Judgment reversed on the facts and a new trial granted, costs to abide the event, on the ground that the verdict of the jury was against the weight of the evidence on the question of the negligence of the defendant in permitting the scow in tow to strike the abutment of the bridge, thereby causing the decedent to be thrown violently from the scow into the river, where he drowned. Scudder, Tompkins and Davis, JJ., concur; Lazansky, P. J., and Kapper, J., dissent and vote to affirm.