Opinion
March, 1931.
Present — Sears, P.J., Crouch, Taylor, Edgcomb and Thompson, JJ.
Judgment and order reversed on the facts and a new trial granted, with costs to appellant to abide the event, on the ground that the finding of the jury that the plaintiff was free from contributory negligence was against the weight of the evidence. (See Shirley v. Larkin, 239 N.Y. 94.) All concur.