Opinion
October 19, 1961
Appeal from the Oneida Trial Term.
Present — Bastow, J.P., Goldman, Halpern, McClusky and Henry, JJ.
Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: In our opinion, the verdict of the jury was against the weight of the evidence. All concur, except McClusky, J., who dissents and votes to affirm.