Opinion
November 2, 1949.
Present — Taylor, P.J., McCurn, Love, Vaughan and Kimball, JJ.
Order reversed on the law and facts, with costs, and verdict of the jury reinstated. Memorandum: The setting aside of the verdict was improvident in that it did not appear that the preponderance of the evidence in favor of the plaintiff was so great that the jury could not have reached the conclusion it did upon any fair interpretation of the evidence. The finding of the jury was supported by sufficient evidence and should not have been disturbed. ( Dashnau v. City of Oswego, 204 App. Div. 189; Ferranti v. Vroman, 259 App. Div. 782; Jones v. Better Beverage Distributing Co., 258 App. Div. 778.) All concur. (The order sets aside the verdict of a jury in favor of defendant for no cause of action and grants a new trial, in an automobile negligence action.)