Kirby v. Newman

Order setting aside verdict affirmed, and new trial granted, with costs to abide the event. No opinion. Kelly, P. J., Manning and Kapper, JJ., concur; Jaycox and Young, JJ., dissent upon the ground that the question of defendant’s negligence was a question of fact for the jury, and its finding thereon should not be disturbed. [See post, p. 814.1