Hebard v. Payer

Full title: HENRY A. HEBARD, Respondent, v. EDWARD PAYER et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jan 6, 1943

265 App. Div. 1031 (N.Y. App. Div. 1943)

Opinion

January 6, 1943.

Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

Judgment and order reversed on the facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict is against the weight of evidence. Since a new trial is to be had, the submission of special questions to the jury on the new trial might be advisable. ( Tryon v. Willbank, 234 App. Div. 335.) All concur. (The judgment is for plaintiff in an automobile negligence action. The order denies motions by defendants for a new trial.)