Martino v. City of Jamestown , 1959 N.Y. App. Div. LEXIS 7976 ( 1959 )

— Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of contributory negligence implicit in the jury’s verdict was against the weight of evidence. All concur. (Appeal from a judgment of Chautauqua Trial Term for defendant for no cause of action in a negligence action. The order denied plaintiff’s motion for a new trial.) Present — McCurn, P. J., Kimball, Bastow, Goldman and Halpem, JJ.