Friershausen v. City of New York , 6 N.Y.S.2d 366 ( 1938 )

— Judgment reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict was against the weight of the credible evidence. Present — -Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Martin, P. J., and Callahan, J., dissent and vote to dismiss the complaint on the ground that contributory negligence was established as matter of law.