Sawalsky v. Pennsylvania Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Hew York county. Action by Matthew Sawalsky against the Pennsylvania Railroad Company. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtRumsey, J.
There are presented upon this appeal purely ques*tions of fact, and nothing else. Few exceptions were taken upon the trial, and none presented upon the argument. There was a serious conflict of evidence, which was submitted to the jury in a charge.to-*776which no exceptions were taken; and the motion for a new trial, made upon the ground that the verdict was against the weight of evidence, was denied by the court, who saw the witnesses, heard their testimony, and observed their demeanor. Under those circumstances, we would not be justified in reversing his order and the judgment, unless it was…
2Cited by4 opinions
- Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Farber v. Jewish Community Center of FlatbushNew York Supreme Court · 1962
- Hynes v. Metropolitan Street Railway Co.City of New York Municipal Court · 1900
- Devonshire v. Stubbs, New York County Courts1930