Opinion
March, 1916.
Without consideration of the question of contributory negligence, the judgment and order of the County Court of Queens county are reversed, and a new trial ordered, costs to abide the event, upon the ground that the finding of negligence was against the weight of evidence. (See Jackson v. Union Railway Company, 77 App. Div. 161, and Kappus v. Metropolitan Street R. Co., 82 id. 13, 18.) Jenks, P.J., Thomas, Carr and Putnam, JJ., concurred; Rich, J., voted for affirmance.