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Rex v. Smith

8 A.D.2d 934 Court N.Y. App. Div. Decision date 1959-06-18 English

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p. 934
George Rex, Respondent, v. Chillian W. Smith, Appellant.

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict of the jury was against the weight of evidence. All concur. (Appeal from a judgment of Ontario Trial Term for plaintiff in an automobile negligence action. The order denied a motion for a new trial.) Present — MeCurn, P. J., Kimball, Williams, Goldman and Halpem, JJ.