Appellate Division of the Supreme Court of New York, 1937

Murphy v. Tilton

Murphy v. Tilton
Appellate Division of the Supreme Court of New York · Decided March 17, 1937
250 A.D. 828; 296 N.Y.S. 459; 1937 N.Y. App. Div. LEXIS 9181
Murphy v. Tilton

Opinion of the Court

Judgment and order reversed on the facts *829and new trial granted, with costs to the appellant to abide the event, upon the ground that the verdict of the jury in relation to negligence and contributory negligence was against the weight of the evidence. AH concur, except Thompson, J., who dissents and votes for affirmance. (The judgment is for plaintiff in an action for damages sustained in an automobile collision. The order denies motion for a new trial upon the minutes.) Present — Edgcomb, Thompson, Crosby, Lewis and Cunningham, JJ.

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