Opinion
October, 1905.
Judgment modified so as to grant a new trial to the defendant, upon the ground that the verdict in favor of the plaintiff was against the weight of evidence, upon payment by the defendant of the costs of the trial already had and disbursements to the date of the order, and the judgment, so far as it directs a verdict in favor of the defendant reversed, without costs, on the authority of Dowling v. Brooklyn Heights R.R. Co. ( 107 App. Div. 312). Bartlett, Jenks, Rich and Miller, JJ., concurred; Woodward, J., voted to reinstate the verdict in favor of the plaintiff.