
    Fourth Department,
    October, 1932.
    Budd Boyer, Appellant, v. Lehigh Valley Railroad Company, Respondent.
   Per Curiam.

Even if it be a matter of doubt whether the learned trial court based his order granting a new trial upon a review of the testimony presented at the instant trial, rather than upon the opinion of the Appellate Division rendered after the first trial (See Ougel v. Hiscox, 216 N. Y. 145), we reach the conclusion that the verdict now under review is so clearly against the weight of the evidence that the order appealed from should be affirmed. All concur. Order affirmed, with costs. 
      
       See 233 App. Div. 150.—[Rep.
     
      
      Verdict was for $15,000 in action for personal injuries.— [Rep.
     