
    JAMES E. BUDLONG, Respondent, v. ROBERT F. WESTCOTT, as President, etc., Appellant.
    This was an appeal from a judgment, entered on a verdict rendered in favor of the plaintiff, and from an order denying a motion for a new trial, made on the minutes and certain affidavits claiming to set forth newly discovered evidence.
    The action was brought to recover $5,000 damages, claimed for injuries to plaintiff from being run against by a vehicle of defendant, through the negligence of the driver, while the plaintiff was crossing South street, over the cross-walk from Fulton Market to Fulton Ferry, Eew York.
    The court, after reviewing the evidence, was of opinion that the verdict' was against the weight of evidence, and granted a new trial, with costs to abide the event.
    
      Luke A. Loekwood, for the appellant.
    
      E. New, for the respondent.
   Opinion by Tapper, J.

Present ■—Barnard, P. J., Tapper and Donohue, JJ.

Judgment and order reversed, and new trial granted, with costs to abide the event.  