Wagner v. Einhorn

If the cause had been submitted to the jury and a verplaintiff, court setting it aside as against the evidence. There was, however, some contradictory evidence in the case, and the direction of a verdict was consequently improper. McDonald v. Met. St. Ry. Co., 167 N. Y. 66, 60 N. E. 282.

Judgment and order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.