Kester v. Wargulia

Judgment and order unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party. Memorandum: The verdict of the jury is contrary to the weight of the evidence. (Appeal from judgment of Erie Trial Term, in favor of plaintiff in a negligence action, also appeal from order denying motion for a new trial.) Present—Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.