Judgment reversed, without costs, and a new trial granted.
The verdict was against the weight of the evidence. It was error for the court to refuse to grant appellant's request to charge "that if the jury finds there was no leak of manufactured gas, the verdict must be for the defendant."
Murphy and Hallinan, JJ., dissent and vote to affirm, with the following memorandum:
A fair question of fact as to liability was presented to the jury. The trial...
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