von der Born v. Schultz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John von der Born, from an order of the Supreme Court, made at the Queens County Trial,Term and entered in the office of the clerk of the county of Queens on the 13th day of June, 1904, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action.
1Opinion of the Court
Rich, J.:
It is clear frein an examination of the record that no exceptions were taken upon the trial that would justify the learned trial justice in disturbing the verdict of the jury; and it is equally clear that no ground could be urged for such a disposition of the case with any force, save possibly it might be claimed that the verdict was contrary to the evidencé. We have carefully read the evidence given upon the trial, from which it will not he necessary to quote. The order, entered the day following the trial, reciting that the verdict is set aside and a new trial granted because the…
2Cases cited1 opinion
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by10 opinions
- Clinton v. FrearAppellate Division of the Supreme Court of the State of New York · 1905
- Hirschman v. Fireman's Fund Insurance Co. of San FranciscoCity of New York Municipal Court · 1910
- International Tailoring Co. v. BennettAppellate Division of the Supreme Court of the State of New York · 1906
- McStay v. Erie RailroadNew York Supreme Court · 1917
- Messinger v. AntokolitzCity of New York Municipal Court · 1911
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