Judgment unanimously reversed on the law and facts and a new trial granted, with costs to appellant to abide the event.
Memorandum:
The verdict was against the weight of the evidence. Furthermore, defendant driver's testimony was such as to leave the inference that no summons for a traffic violation had been issued to him as a result of the operation of his motor vehicle at the time of the accident. In fact, plaintiff's counsel had present in the courtroom...
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