| N.Y. App. Div. | Dec 15, 1915
We think, upon the evidence, that the finding that the deceased was free from contributory negligence is not sustained. The judgment and order appealed from are, therefore, reversed; the finding that the deceased was not guilty of contributory negligence is reversed, and a new trial ordered, with costs to appellant to abide the event, Present — Ingraham, P. J., Laughlin, Clarke, Scott and Smith, JJ.; Ingraham, P. J., and Clarke, J., dissented and voted for affirmance. Judgment and order reversed, new trial ordered, costs to appellant to abide event.