Judgment, dismissing the complaint in a personal injury action, unanimously reversed, on the law and on the facts, and a new trial ordered, with costs to abide the event.
At the close of the plaintiff's case in denying the motion to dismiss the trial court said: "If the jury believes the story, they are entitled to give him a verdict." At the close of the entire case, after reserving decision on the motion to dismiss but before submission to the jury and in the course...
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