Majority
p. 620Frank Bello, as Administrator, etc., of Madeline Bello, Deceased, Respondent, v. Brooklyn and Queens Transit Corporation, Appellant.
In an action to recover damages for the death of plaintiff’s intestate,' who died as a result of injuries sustained by being struck by an automobile, judgment and order reversed on the law and the facts and a new trial granted, costs to abide the event, on the ground that the determination of the jury is against the weight of the evidence as to the negligence of the defendant. Lazansky, P. J., Johnston and Adel, JJ., concur; Carswell and Davis, JJ., dissent and vote to affirm.