Legal Opinion

Nelson v. Easton & Amboy Railroad

New York Court of Common Pleas

Decided April 2, 1894PublishedCited by 12 opinions

Appeal from trial term. Action by Zachariah 0. Nelson and another against the Easton & Ambby Bailroad Company. From a judgment entered on a verdict in favor of plaintiffs, and from am order denying a motion for a new trial, defendant appeals. Affirmed.

1Opinion of the CourtPryor, J.

The main contention of the appellant is that the verdict was against the weight of evidence. Of the power and the *51duty of this court, in a proper case, to set aside a verdict because against the weight of evidence, no question can be made and no doubt entertained. Hamilton v. Railroad Co., 53 N. Y. 25, 27; Kummer v. Railroad Co. (Com. Pl. N. Y.) 21 N. Y. Supp. 941. In what case the power exists and the duty is incumbent the court of appeals defines with precision and authority. “The general term has the power, and it is its duty, to examine and determine whether the verdict was against the…

2Cases cited6 opinions

  1. Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
  3. Caton v. RumneyNew York Supreme Court · 1835
  4. Wells & Tucker v. Steam Navigation Co.New York Court of Appeals · 1849
  5. Kummer v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1893

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Swinarton v. Le BoutillierNew York Court of Common Pleas · 1894
  2. Hospital Supply Co. v. O'NeillNew York Court of Common Pleas · 1895
  3. Kummer v. Christopher & T. St. R.New York Court of Common Pleas · 1895
  4. Hay v. MullerNew York Court of Common Pleas · 1894
  5. Lacs v. James Everard's BreweriesAppellate Division of the Supreme Court of the State of New York · 1905

7 more not listed; retrieve them via the Exa API.

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