Wells v. Howard — 123 N.Y.S. 1148

Majority

p. 1148

WELLS, Respondent, v. HOWARD et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

June 10, 1910.)

Headnote

Action by Charles M. Wells against William J. Howard and' another.

The verdict was against the weight of the evidence, and for that reason the judgment and order are reversed, and a new trial granted, on condition that the plaintiff pay the costs of the trial and disbursements to date. See, also, 129 App. Div. 926 , 114 N. Y. Supp. 1150 , and 134 App. Div. 925 , 118 N. Y. Supp. 1149 .

THOMAS, J., dissents as to defendant William J. Howard.