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Judgment and order affirmed, with costs. All concur, except Dowling, J., who dissents and votes for reversal on the
*781 law and for dismissal of the complaint, and Harris, J., who dissents and votes for reversal on the facts'and for granting a new trial on the ground that the finding of negligence in answer to question No. 1 is against the weight of the evidence. (The judgment is for plaintiff in an automobile negligence action. The order denies a motion for a new trial.) Present — Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.
Document Info
Citation Numbers: 259 A.D. 780, 19 N.Y.S.2d 316, 1940 N.Y. App. Div. LEXIS 6613
Filed Date: 3/6/1940
Precedential Status: Precedential
Modified Date: 10/28/2024