Brindizi v. Lehigh Valley Railroad

Crouch, J.:

The appeal is from an order setting aside a judgment for plaintiff and granting a new trial on the ground that the verdict was procured through perjured testimony.

Sugar street, in the city of Niagara Falls, running north and south, is intersected by Buffalo avenue, running east and west. Just north of Buffalo avenue and parallel with it, crossing Sugar street at grade, are two tracks of the New York Central railroad. Over these tracks are operated certain trains of the Lehigh Valley railroad. On the evening of May 18, 1923, plaintiff, driving a Ford car north on Sugar street,…