Appellate Division of the Supreme Court of New York, 1928

Hanley v. Price

Hanley v. Price
Appellate Division of the Supreme Court of New York · Decided October 15, 1928
224 A.D. 874
Hanley v. Price

Opinion of the Court

Judgment and order reversed on the law and a new trial granted, with costs to appellant to abide the event, on the ground that the question of defendant’s negligence was for the jury; that there was evidence sufficient to require the submission of the question to the jury. We are not now passing upon the question whether a verdict for the plaintiff would have been against the weight of the evidence, as we did in the case of Froehlich v. Trevor (219 App. Div. 863). All concur. Present— Hubbs, P. J., Clark, Sears, Crouch and Sawyer, JJ.

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