Levack v. Brooklyn & Queens Transit Corp. ( 1940 )

On appeal by defendant, in an action for damages for death by wrongful act, neglect or default, from a judgment in favor of plaintiffs, entered on a jury verdict, judgment reversed on the facts and a new trial granted, with costs to appellant to abide the event, on the ground that the verdict is against the weight of the evidence. Johnston, Adel and Taylor, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to affirm the judgment.