Swensson v. New York, Albany Despatch Co.

Plaintiffs in these consolidated actions have recovered a judgment against defendant Ward La France Truck Corp., hereinafter called Ward. The Appellate Division by a divided court has reversed the judgment and dismissed the complaints, two of the Justices voting for a new trial. The majority noted that, if they were not dismissing the complaints, they too would have granted a new trial upon the ground that the verdict was contrary to the weight of the credible evidence.

On this appeal, then, we need only consider whether plaintiffs have established a prima facie case under the law as stated *501by…