Layman v. John Anderson & Co.
Appellate Division of the Supreme Court of the State of New York
Reargument ordered, by the Appellate Division o'f the Supreme Court of an appeal by the plaintiff, John Martin Layman, from :an order of the Supreme Court, made at the New York Circuit and ■entered in the office of the clerk of the county of New York on the 28th day of October, 1895, setting aside the verdict of a jury in favor of the plaintiff for $15,000, and granting a new trial.
1Opinion of the Court
Williams, J.:
We have considered and passed upon the question whether the verdict was against the evidence (4 App. Div. 124), and without further discussion of that question we adhere to the conclusion there .arrived at, that the trial judge was not authorized to set aside the verdict and order a new trial for that reason.
We have not, however, determined the questions arising upon the ■exceptions taken during the trial, and these we are now called upon to consider. In order to appreciate these questions we need to recall *153briefly some of the facts and to have in mind the real issue submitted to…
2Cases cited2 opinions
- Layman v. John Anderson & Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Gibbs v. CarnahanNew York Supreme Court · 1893
3Cited by2 opinions
- Voisin v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Hexter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1899