Opinion
June 24, 1940.
In an action to recover damages for personal injuries sustained while plaintiff, a passenger of defendant railroad company, was alighting from one of its cars, plaintiff had a verdict. Judgment reversed on the facts and a new trial granted, with costs to abide the event, on the ground that the verdict is against the weight of the evidence. Johnston, Adel and Close, JJ., concur; Lazansky, P.J., and Hagarty, J., dissent and vote to affirm the judgment.