Appellate Division of the Supreme Court of New York, 1930

Owens v. Roberts

Owens v. Roberts
Appellate Division of the Supreme Court of New York · Decided January 15, 1930
228 A.D. 738; 238 N.Y.S. 891
Owens v. Roberts

Opinion of the Court

Judgment dismissing complaint reversed on the law and facts on the ground that it was unauthorized although the verdict was against the weight of the evidence as to the negligence of the defendant. Order setting aside verdict modified by granting a new trial, with costs to the appellant to abide the event, and as so modified affirmed. Van Kirk, P. J., Hinman, Whitmyer and Hill, JJ., concur; Davis, J., votes for reversal and reinstatement of the verdict.

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