Appellate Division of the Supreme Court of New York, 1966

Wager v. Herzog

Wager v. Herzog
Appellate Division of the Supreme Court of New York · Decided May 16, 1966 · Benjamin, Christ, Hill, Rabin, Ughetta
25 A.D.2d 875; 270 N.Y.S.2d 397; 1966 N.Y. App. Div. LEXIS 4255
Wager v. Herzog

Opinion of the Court

In a negligence action to recover

damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Queens 'County, entered May 19,1965, in favor of plaintiff upon a jury verdict. Judgment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, the findings implicit in the jury’s verdict are contrary to the weight'of the evidence.

Ughetta, Acting P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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