MAYNARD v. WIETAN


10 A.D.2d 892 (1960)

Ellis Maynard, as Administrator of The Estate of Autylee Maynard, Deceased, Appellant, v. William Wietan, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 7, 1960


Judgment unanimously reversed on the law and facts, verdict of the jury set aside as against the weight of evidence, and a new trial granted, with costs to appellant to abide the event.

Memorandum:

The order directing a verdict in favor of the defendant is reversed on the ground that there were issues of fact to be determined by the jury. However, the verdict of the jury in favor of the plaintiff was contrary to the weight of evidence. A new trial...

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