Opinion
February, 1935.
Present — Martin, P.J., Merrell, McAvoy, Glennon and Untermyer, JJ.
Judgment and order reversed and a new trial ordered, with costs to the appellant to abide the event, on the ground that the verdict of the jury in favor of the plaintiff was against the weight of the evidence, and upon the further ground that the admission of the testimony of the plaintiff's brother concerning statements made by the plaintiff with relation to the accident several weeks after it occurred, constituted error.