Owen v. Retsof Mining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Ketsof Alining Company, from an order of the Supreme Court, made at the Livingston Trial Term and entered in the office of the clerk of the county of Livingston on the 1st day of February, 1906, denying the defendant’s motion for a new trial made upon the minutes, after a verdict in favor of the plaintiff for $4,500.
1Opinion of the Court
Williams, J.:
The order should be affirmed, with costs.
The action-was brought 'to recover damages-for personal injuries, causing deatlq alleged to have resulted from the defendant’s negligence. The action .was tried originally in January, 1904, and-resulted in a verdict for' the plaintiff. Upon appeal to this court the judgment was .reversed and a new trial granted upon the ground that the verdict was contrary to the évidence. (102 App. Div. 130.) The case was again tried in January, 1906, and again resulted in a verdict for the plaintiff. This appeal is talce'n to review the second trial.
The…
2Cases cited1 opinion
- Owen v. Retsof Mining Co.Appellate Division of the Supreme Court of the State of New York · 1905