KLEINHANS v. SUN OIL CO.


277 A.D. 940 (1950)

Anna M. Kleinhans, as Administratrix of The Estate of Lawrence Kleinhans, Deceased, Respondent, v. Sun Oil Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 13, 1950.


Judgment reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event, on the ground that the verdict of the jury is against the weight of the credible evidence.

All concur, except Piper, J., who dissents and votes for affirmance in the following memorandum:

This is the second trial. The jury believed the testimony of Mrs. Kleinhans and disbelieved Keller and I think the photographs in and of themselves...

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