Opinion
March Term, 1896.
Present — Van Brunt, P.J., Barrett, Rumsey, Williams and Patterson, JJ.
Judgment reversed and new trial ordered, with costs to appellants to abide event. —
We are all of opinion that the evidence in this case is entirely insufficient to sustain the decision and judgment. A new trial must be awarded because the evidence is not of such a character as would justify a modification. The weight of evidence is so greatly in favor of the defendants that we must either dismiss the complaint or award a new trial. As the plaintiff may be able to make out a stronger case upon another hearing the latter course should be adopted. The judgment will, therefore, be reversed and a new trial ordered, with costs to the appellants to abide the event,