Opinion
March 23, 1938.
Present — Sears, P.J., Crosby, Lewis, Cunningham and Dowling, JJ.
Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding of negligence on the part of the defendant was against the weight of the evidence. All concur. (The judgment is for plaintiff in an action for damages for the death of a horse caused by negligence in the maintenance of a road. The order denies a motion for a new trial.)