Robertson v. Stillings
New York Court of Common Pleas
Appeal from a judgment entered upon a decision of the general term of the Marine Court of the city of New York, reversing a judgment for the plaintiff, entered upon the re port of a referee to whom it had been referred to hear and determine the issues in the action, and ordering a new trial.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The judgment was
reversed by the general term for errors of law and fact,. It is not necessary to enquire in respect to the errors of law if the reversal was right on the facts. It is the right, and was the duty, of the general term to pass upon the facts upon the evidence. The power to do so is expressly given where the trial is by the court, or by a referee. Where the trial is by a jury, it is otherwise. The court cannot reverse the judgment entered upon the verdict of a jury, upon the facts, unless there was a want of evidence to sustain it; or unless, in…
2Cases cited1 opinion
- Russell v. DuflonNew York Supreme Court · 1871
3Cited by1 opinion
- McCall v. MoschowitzNew York Court of Common Pleas · 1886