Fleming v. New York Transportation Co.

The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide event, on the ground that the verdict is against the weight of the evidence as to the lack of contributory negligence. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Hotchkiss, JJ.; Ingraham, P. J., and Hotchkiss, J., dissented and voted for affirmance. Judgment and order reversed, new trial ordered, costs to appellant to abide event.