Foster v. Erie Railroad

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event on the ground that the verdict was against the weight of evidence. All concur, except Wheeler and Bastow, JJ., who dissent and vote for affirmance. (Appeal from a judgment of Cattaraugus Trial Term for plaintiff in a railroad negligence action. The order denied a -motion for a new trial.) Present — Vaughan, J. P., Kimball, Wheeler, Williams and Bastow, JJ.