Opinion
July 9, 1959
Appeal from the Oswego Trial Term.
Present — McCurn, P.J., Kimball, Williams, Bastow and Halpern, JJ.
Judgment and order denying motion for a new trial reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict of the jury is against the weight of evidence. There are serious questions of admissibility of evidence under section 347 of the Civil Practice Act, which we do not reach in view of our holding that the verdict cannot stand in any event. All concur.