Majority
p. 1133HOLLORAN, Respondent, v. BUFFALO, R. & P. RY. CO. et al., Appellants. (Supreme Court, Appellate Division, Fourth Department. January 19, 1904.)
Headnote
Action by William Holloran against the Buffalo, Rochester & Pittsburg Railway Company and others.Judgment and order reversed, and new trial ordered, with costs to the appellants to abide event, upon questions of law only. Held, that the verdict, necessarily finding that the machine in question was being operated by the defendant at the time of the accident, was against the weight of the evidence.