Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
A verdict may only be directed when a contrary verdict would be required to be set aside for legal insufficiency of evidence. (Civ. Prac. Act, § 457-a.) Ordinarily, the question of negligence is one of fact for the jury. This record discloses issues of fact as to the happening of the accident and as to whether the defendant...
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