Doty v. Syracuse & Suburban Railroad — 111 N.Y.S. 1117

Majority

p. 1117

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

(Supreme Court, Appellate Division, Fourth Department.

May 27, 1908.)

Headnote

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

Judgment of County Court and of Municipal Court of the city of Syracuse reversed, and a new trial ordered in said Municipal Court, with costs in all courts to appellant to abide event. New trial to be had on Tuesday, June 9, 1908, at 10 o’clock in the forenoon. Held, that the verdict of the jury was contrary to and against the weight of the evidence. See 100 N. Y. Supp. 1123 .

SPRING and KRUSE, JJ., dissent.