Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
The record clearly discloses that the defendant was negligent and we think a finding that plaintiff was guilty of contributory negligence, if the jury so found, was against the weight of evidence. While we think the jury was justified in rejecting the plaintiff's claim that he sustained permanent injuries as the result of the accident...
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