GANN v. BANCROFT


15 A.D.2d 860 (1962)

Walbridge Gann, Respondent, v. Hugh Bancroft et al., Appellants

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

February 15, 1962


Judgment and order denying motion for a new trial unanimously reversed on the law and facts, without costs of this appeal to any party, and a new trial granted. Orders denying motion for a nonsuit and for a directed verdict unanimously affirmed, without costs.

Memorandum:

The finding, implicit in the jury's verdict, that plaintiff was free from contributory negligence, is against the weight of the evidence. The circumstantial evidence by which plaintiff attempted...

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