Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The issues in this action to recover damages for the death of plaintiff's intestate alleged to have been caused by the negligent maintenance of a city street presented to the jury close and vigorously litigated questions of fact. In our opinion the charge improperly weighted the scales against plaintiff and deprived her of a fair trial...
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