Markert v. Long Island R.R. Co.

Full title: ELIZABETH MARKERT, as Administratrix, etc., of JOSEPH L. MARKERT…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 1916

175 App. Div. 472 (N.Y. App. Div. 1916)

161 N.Y.S. 930

Opinion

December 1, 1916.

John J. Graham, for the appellant.

Jeremiah A. O'Leary, for the respondent

Present — CLARKE, P.J., McLAUGHLIN, LAUGHLIN, DOWLING and PAGE, JJ.; DOWLING and PAGE, JJ., dissented and voted for affirmance.

PER CURIAM:

We are of opinion that the verdict is against the weight of evidence. The judgment and order are, therefore, reversed and a new trial ordered, with costs to the appellant to abide the event.

PER CURIAM:

Judgment and order reversed and new trial ordered, with costs to appellant to abide event.