Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The trial court erred in holding as a matter of law that the defendant county's negligence was not a proximate cause of plaintiff's injuries. There is a difference in the rule of law to be applied when enough facts have not been adduced to warrant submission of the issue to a jury and the setting aside of the verdict as contrary to the weight of the evidence (see Blum v Fresh Grown...
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