Kramer v. Rochester Coaster Corp.
239 A.D. 808
| N.Y. App. Div. | 1933

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the verdict is against the weight of the evidence as to the defendant’s negligence, and that the summation of plaintiff’s counsel passed beyond the limits of fair comment on the evidence. His excesses might properly have been stopped by greater vigilance on the part of the justice when his attention was called thereto. All concur.