Doty v. Syracuse & Suburban Railroad — 106 N.Y.S. 1123

Majority

p. 1123

DOTY, Respondent, v. SYRACUSE & SUBURBAN R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 13, 1907.)

Headnote

Action by Mary M. Doty against the Syracuse & Suburban Railroad Company.

Judgment and order of County Court and judgment and order of Municipal Court of the city of Syracuse reversed, and a new trial ordered in the Municipal Court, with costs in all courts to the appellant to abide the event. New trial to be had on Tuesday, the 3d day of December, 1907, at 10 o’clock in the forenoon. Held, that the verdict was contrary to and against the weight of the evidence.

SPRING and KRUSE, JJ., dissent.