Brooks v. Commercial Travelers Mutual Accident Ass'n of America , 240 A.D. 993 ( 1933 )

Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. In our opinion the verdict for the plaintiff was against the weight of evidence on the matter of decedent’s intoxication at the time of the claimed accident which resulted in his death. Young, Hagarty, Tompkins and Davis, JJ., concur; Lazansky, P. J., dissents and votes to affirm.