Opinion
November 12, 1943.
Present — Martin, P.J., Townley, Glennon, Cohn and Callahan, JJ.; Martin, P.J., and Glennon, J., dissent and vote to affirm. Settle order on notice.
Judgment reversed and a new trial ordered, with costs to the appellant to abide the event. The verdict was against the weight of the credible evidence and inadequate. It was properly set aside for these reasons. There was not, however, such a complete failure of proof on the part of the plaintiff as would justify a direction of the verdict in favor of the defendant and a new trial should have been ordered.