Risolo v. Koch , 202 A.D. 760 ( 1922 )

Judgment and order reversed on the facts, and a new trial granted, costs to abide the event, on the ground that the findings of defendants negligence and freedom from contributory negligence by plaintiff's intestate were against the weight of the evidence. Rich, Kelly and Jaycox, JJ., concur; Blaekmar, P. J., and Young, J., concur upon the ground last stated only.