Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The trial court erred in directing a verdict sua sponte dismissing the complaint at the close of the evidence. In that posture of the case the court could not undertake to weigh the proof. It was required to take that view of the evidence most favorable to the plaintiff, and from the evidence and inferences reasonably...
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