Walters v. Brown

241 A.D. 743

Opinion

Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. We are of opinion that the charge of the trial justice was prejudicial to the plaintiff, and that, in the interests of justice, there should be a new trial. The verdict is against the weight of the credible evidence. Lazansky, P. J., Young, Carswell and Davis, JJ., concur; Kapper, J., dissents and votes to affirm.