Matecki v. Oster — 95 N.Y.S. 1145

Majority

p. 1145

MATECKI, Respondent, v. OSTER et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

October 18, 1905.)

Headnote

Action by Ludowick Matecki against Michael Oster and another.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide the event, upon questions of fact. Held, that the findings of the jury that plaintiff was free from contributory negligence and the defendant guilty of negligence were against the weight of evidence.

WILLIAMS, J., dissents.