Grab v. Hudson — 121 N.Y.S. 1133

Majority

p. 1133

GRAB v. HUDSON et al.

(Supreme Court, Appellate Division, First Department.

February 18, 1910.)

Headnote

Appeal from Trial Term, New York County. Action by Maximilian Grab against Charles L. Hudson and others. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendants appeal.

Reversed.

J. G. Saxe, for appellants.

L. Fridiger, for respondent.

The judgment and order appealed from are reversed, and a new trial ordered, with costs to appellants to abide event, on the ground that the verdict is against the weight of evidence.

CLARKE, J., dissents, on the ground that it was a pure question of fact, which was for the jury.