Schwartz v. Commercial Travelers Mutual Accident Ass'n of America ( 1941 )

Appeal by the defendant from a judgment entered upon the verdict of a jury in an action upon a policy of accident insurance. Judgment in favor of the plaintiff and against the defendant reversed on the facts and a new trial granted, with costs to appellant to abide the event. We are of opinion that the verdict is contrary to the weight of the credible evidence. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.