Hand v. Delaware, Lackawanna & Western Railroad

267 A.D. 1037, 50 N.Y.S.2d 152, 1944 N.Y. App. Div. LEXIS 6129

Opinion

Judgment and order affirmed, with costs. All concur, except Taylor, J., who dissents and votes for reversal and for granting a new trial on the ground that the finding that plaintiff was free from contributory negligence is against the weight of the evidence; and Larkin, J., not voting. (The judgment is for plaintiff in an action for damages for personal injuries and for property damage to plaintiff’s truck. The order denies a motion for a new trial.) Present — Cunning-ham, P. J., Taylor, - Dowling, McCum and Larkin, JJ.