Majority
p. 806Flora White, Respondent, v. Clayton A. White, Appellant, et al., Defendant.
Judgment and order reversed on the facts and a new trial granted as to appellant White, with costs to the appellant to abide the event. The jury’s verdict against the appellant was against the weight of evidence. All concur. (Appeal by defendant White from a judgment of Herkimer Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial.)
Present — McCurn, P. J., Kimball, Williams, Goldman and Halpern, JJ.