Kelly v. Dykes

Judgment and order reversed and new trial ordered, with costs to appellants to abide event, on the ground that the finding of the jury that the defendant was negligent is against the weight of the evidence, inasmuch as the plaintiff failed to prove the custom ordinarily followed requiring the lashing of planks independently to the pier in question. Present — Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ.; Laughlin, J., dissented.