Appellate Division of the Supreme Court of the State of New York January 15, 1930 (Barry v. Boston & Maine Railroad)

Judgment and order affirmed, with costs. Whitmyer, Hill and Hasbrouek, JJ., concur; Hinman, J., dissents and votes for reversal and new trial on the ground that on the testimony of the plaintiff himself the verdict of the jury is against the weight of the evidence as to the negligence of the defendant; and on the further ground that the court erred in refusing to charge, as requested, that “ if