Herman v. New England Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New England Navigation Company, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 20th day of July, 1910, setting aside a verdict in favor of the defendant and granting the plaintiff’s motion for a new trial.
1Opinion of the Court
Cabe, J.:
The defendant obtained a verdict in its favor at the trial of this action in the Supreme Court in Westchester county. On motion of the plaintiff this verdict was set aside by the trial court and a new trial granted. The order setting aside the verdict recites that it was granted on the exceptions of the plaintiff, thereby excluding any idea that the verdict was against the weight of evidence. An examination of the record shows that the jury might have found properly enough the verdict which they rendered. The whole question now in controversy is whether the jury was instructed…
2Cases cited5 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Jones v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Kaiser v. LatimerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1924
- Wilson v. ChristalAppellate Division of the Supreme Court of the State of New York · 1919
- Balice v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1924