Libby v. Wilkie — 19 A.D.2d 851

Majority

p. 851

David G. Libby, an Infant, by His Guardian ad Litem, Gertrude Libby, Appellant, v. Fred J. Wilkie, Respondent. (Action No. 1.)

and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict of the jury is against the weight of the evidence. (Appeal from a judgment of Onondaga Trial Term dismissing the complaint in an automobile negligence action, and from an order denying a motion for a new trial.) Present■— Williams, P. J., Bastow, Goldman and Henry, JJ.