Opinion
November 25, 1942.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.
Appeal from a judgment and order denying a motion for a new trial. The appellant asserts that the verdict is against the weight of evidence. The verdict was not against the weight of credible evidence. Mention should be made of proof given by a member of the State constabulary concerning an interview with the plaintiff at a time when he was in a hospital enduring great pain and suffering from shock, and also at a time when the statute provides that such an interview may not be had. Judgment and order unanimously affirmed, with costs.