126 N.Y.S. 839 | N.Y. App. Div. | 1911
" The plaintiff seeks to recover for injuries sustained by him by reason of the negligence of the defendant’s agent and servant in the conduct of an automobile which came into collision with a phaeton in which the plaintiff was riding along a public highway in-the borough-of Brooklyn on July 25, 1907.
'The case as submitted to the jury is devoid of any suggestion contradicting defendant’s witnesses; nor is it even indicated upon what the contention may be based that the automobile at the time of the accident was being used about the business of the defendant. The verdict in favor of plaintiff was against the weight of evidence and the judgment and order must, therefore, be reversed and a new trial ordered, with costs to tl,ie appellant to■ abide the event.
Ingraham, P. J., Clarke, Scott and Miller, JJ., concurred.'
Judgment and order reversed and new trial ordered, with costs to appellant to abide event. .