Cottrell v. Cottrell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Royal L. Cottrell, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 11th day of July, 1914.
1Opinion of the Court
Jenks, P. J.:
This is an appeal from an order that sets aside a verdict for the defendant upon the issue of his adultery, and grants a new trial upon the ground that the verdict is against the weight of *694evidence. We should not disturb the order unless it is perfectly clear that it was an improper exercise of discretion. (Azzara v. Nassau Electric Railroad Co., 134 App. Div. 167.) But in determination of this question in this kind of case, we must examine the record to ascertain whether the trial justice could have reached the conclusion that the verdict was in “ flagrant disregard of clear and…
2Cases cited5 opinions
- Winston v. . WinstonNew York Court of Appeals · 1901
- Allen v. . AllenNew York Court of Appeals · 1886
- Azzara v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Roth v. RothAppellate Division of the Supreme Court of the State of New York · 1904
- Donnelly v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Fleck v. FleckNew York Supreme Court · 1957