Culkin v. Rowlee

239 A.D. 810

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of negligence on the part of the defendant and freedom from contributory negligence on the part of the plaintiff is against the weight of the evidence. All concur, except Thompson and Crosby, JJ., who dissent and vote for affirmance.