Majority
p. 795In the Matter of the Application of Charles H. Mundt, Respondent, for an Order of Mandamus against Daniel H. McCarriagher and Others, Constituting the Buffalo Sewer Authority, and Others, Appellants.
Orders reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict in answer to Question No. 2 is against the weight of the evidence. All concur. (The final order directs defendants to reinstate petitioner to his position as operator of grit and sedimentation tanks in the Buffalo Sewer Authority; the second order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.