BRACKETT v. SMITH

Judgment dismissing complaint reversed on the law and a new trial granted, costs to the appellant to abide the event, payable out of the estate. Plaintiff made out a prima facie case which required a submission to the jury. The general rule as to the weight and quality of evidence is no different in the present case from that obtaining generally in civil cases. ( McKeon v. Van Slyck, 223 N.Y. 392; Ward v. N.Y. Life Ins. Co., 225 id. 314; Matter of Sherman, 227 id. 350.) Lazansky, P.J., Kapper, Hagarty, Carswell and Davis, JJ., concur.