Maloney v. Orbaker

2 A.D.2d 869 | N.Y. App. Div. | 1956

Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, upon the ground that the jury verdict is against the weight of evidence. All concur. (Appeal from a judgment of Wayne Trial Term for defendants for no cause of action in an action for damages for the death of plaintiff’s intestate alleged to have resulted by reason of negligence in excavation work.) Present — Vaughan, J. P., Kimball, Wheeler, Williams and Bastow, JJ.