Opinion
April 11, 1949.
In an action to recover damages for negligence, the court set aside the verdict of the jury in favor of the corporate defendant as against the weight of evidence and ordered a new trial. Order granting plaintiff's motion to set aside the verdict reversed on the law and the facts, with costs, the motion denied, the verdict reinstated, and judgment directed to be entered in accord therewith, with costs. The case presented a pure question of fact and the determination of the jury was warranted by the evidence. Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.