Opinion
February, 1924.
Present — Clarke, P.J., Smith, Merrell, Finch and Martin, JJ.; Clarke, P.J., and Merrell, J. dissent.
Judgment and orders affirmed, with costs. No opinion.
The verdict, in my opinion, was clearly against the weight of the evidence. Furthermore, plaintiff having sued for $25,000, and the court having charged at the request of plaintiff's counsel that if the jury believed the plaintiff's story and plaintiff's witnesses they might find a verdict for the plaintiff for $6,615, besides interest, and the jury having returned a verdict for $2,500, there is no basis in the evidence for such a finding, and it was evidently a compromise verdict. I, therefore, dissent and vote to reverse and grant a new trial.