Pizio v. American-Hawaiian Steamship Co.

Judgment reversed on the law and the facts, and a new trial granted, with costs to abide the event. The finding of the jury that the defendant was negligent was against the weight of evidence. There was no proof in the case as to what caused the hatch covers to fall. Without that proof, in light of the fact that plaintiff jumped upon them, there was not sufficient proof to show any negligence on the part of the defendant. Kelly, P. J., Manning, Young, Kapper and Lazansky, JJ., concur.