Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
We conclude that the verdict of the jury was against the weight of the evidence as to the negligence of the defendant. We further conclude that in view of the evidence it was error for the trial court to refuse defendant's request to charge that "if they find that this accident was unavoidable due to conditions pertaining at the time...
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