No opinion. The court has considered the questions of fact and has determined that it would not affirm the granting of a new trial upon those questions.
Martuscello, Acting P. J., and Benjamin, J., dissent and vote to reverse the order, deny the motion for a new trial and reinstate the jury's verdict, with the following memorandum:
This is a wrongful death action stemming from an accident in which the deceased, a pedestrian, was struck by defendants' station...
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