Opinion
December 20, 1956
Appeal from the Erie Trial Term.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Williams, JJ.
Judgment in favor of plaintiff Tokarski against defendant Hill affirmed, with costs; order modified by striking therefrom the dismissal of the plaintiff's complaint and in place thereof granting a new trial, and as modified affirmed, with costs to appellant to abide the event. Judgment and order in favor of defendant Hill against plaintiff Siedlikowski in the second action reversed on the facts and a new trial granted, with costs to appellant to abide the event, on the ground that the verdict of the jury is against the weight of the evidence. All concur.