Opinion
February 20, 1964
Appeal from the Erie Trial Term.
Present — Williams, P.J., Bastow, Goldman, Noonan and Del Vecchio, JJ.
Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The verdict of the jury is against the weight of evidence. (See Weigand v. United Traction Co., 221 N.Y. 39, 42; Anderson v. Burkhardt, 275 N.Y. 281.)