Plaintiff made no motion to set aside the verdict or for a new trial, but appeals from the judgment. On appeal he urges that the verdict is against the weight of the evidence. When the action was first tried, the Trial Term regarded the proof of negligence to be so thin that defendant was entitled to a dismissal. We held (286 App. Div. 1130) that a triable issue was presented. We are of opinion, however, that the verdict of the jury against the plaintiff is consistent with...
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