Meeker v. Town of Boonville — 107 N.Y.S. 1137

Majority

p. 1137

MEEKER, Respondent, v. TOWN OF BOONVILLE, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

November 27, 1907.)

Headnote

Action by William H. Meeker against the town of Boonville.

Judgment and order, reversed, and new trial ordered, with costs to the appellant to abide the event. Held that as matter of law upon the evidence the highway commissioner was not guilty of negligence, and that the verdict of the jury that the plaintiff was free from contributory negligence was contrary to and against the weight of the evidence.

SPRING, J., votes for reversal on the ground that the verdict of the jury was contrary to and against the weight of the evidence on both questions.