Smith v. Giebler

Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of permission to use the car was against the weight of evidence. All concur, except Harris and McCurn, JJ., who dissent and vote for affirmance. (The judgment is for plaintiff in an automobile negligence action.) Present — Taylor, P. J., Dowling, Harris, McCurn and Larkin, JJ.