Opinion
October 19, 1942.
Action to recover damages for personal injuries. Judgment in favor of defendants, as amended, reversed on the facts and a new trial granted, with costs to appellant to abide the event. Findings that defendant Angelo C. Mastrangelo's chauffeur was free from negligence and that plaintiff was guilty of contributory negligence are against the weight of the evidence.
The disputed questions of fact were submitted to the jury on a fair and impartial charge and in our opinion the finding of the jury may not be said to be against the weight of the evidence. ( Mieuli v. New York Queens County Railway Co., 136 App. Div. 373. )