Stoyanovich v. Ebling Realty Co. — 159 N.Y.S. 1144

Majority

p. 1144

Mary STOYANOVICH, Respondent, v. EBLING REALTY CO., Appellant.

(Supreme Court, Appellate Division, First Department.

May 26, 1916.)

Headnote

Appeal from Trial Term, New York County. Judgment for plaintiff, and defendant appeals. Reversed.

We are of opinion that the-findings of the jury that the plaintiff was free from contributory negligence and that the defendant was negligent are against the weight of the evidence. The judgment and order appealed from are therefore reversed, and a new trial ordered, with costs to appellant to abide the event.

DOWLING, J., dissents, and votes for affirmance.