Lo Piccolo v. Knight of Rest Products Corp.

In a personal injury negligence action the jury returned a verdict for defendant. On motion, the trial court set the verdict aside as contrary to the weight of the credible evidence. Defendant appeals, urging that plaintiff failed to make out a prima facie case under the rule in Galbraith v. Busch (267 N. Y. 230), and that, in any event, the verdict should not have been set aside, as the jury would not be required, on the facts in the case, to draw an inference of negligence.

The order setting aside the verdict in favor of defendant and granting a new trial should be reversed, the verdict…