| N.Y. App. Div. | Nov 15, 1905
Order affirmed, with costs. Held, that it must be assumed that the order granting the motion for a new trial was granted upon the'ground, amongst others, that the verdict was against the weight of the evidence, and .that this being so, said order should be affirmed without passing upon the question whether, as matter of law, the plaintiff was entitled to go to the jury. All concurred.