Appellate Division of the Supreme Court of New York, 1951

Armstrong v. Swift

Armstrong v. Swift
Appellate Division of the Supreme Court of New York · Decided March 7, 1951
278 A.D. 738; 103 N.Y.S.2d 362; 1951 N.Y. App. Div. LEXIS 4532
Armstrong v. Swift

Opinion of the Court

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict of the jury is against the weight of evidence. All concur, except Taylor, P. J., and Wheeler, J., who dissent and vote for affirmance. (Appeal .from a judgment for defendant for no cause of action in an automobile negligence action. The order denied a motion for a new trial.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ. [See post, p. 891.]

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