Judgment and orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The verdicts are against the weight of the evidence. However, reversal is required for another reason. After the occurrence which caused plaintiff's injuries, plaintiff Miner swore to an information which charged defendant with a violation of section 45 of the Navigation Law of the State of New York, in operating...
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