Toomey v. Western Union Telegraph Co.

Judgment and order affirmed, with costs. All concur, except Lewis, J., who dissents and votes for reversal on the facts and for granting a new trial on the ground that the finding as to defendant’s negligence is against the weight of credible evidence. (The judgment awards damages for personal injuries sustained by reason of an automobile striking the stump of a pole adjacent to a public highway. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham and Taylor, JJ.