Meyers v. Hines
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walker D. Hines, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 7th day of June, 1920, granting plaintiff’s motion to set aside the verdict of the jury and for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The action was to recover damages for personal injuries sustained by the plaintiff through the negligence of the defendant. The jury returned a verdict for the defendant, which was set aside as against the weight of the evidence. In an action of this character the burden is upon the plaintiff to establish by a preponderance of the evidence the negligence of the defendant and his own freedom from contributory negligence. In finding for the defendant the jury determine that the plaintiff has not sustained this burden. The court is not justified in setting aside a verdict for the…
2Cases cited1 opinion
- Jarchover v. Dry Dock, East Broadway & Battery RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by12 opinions
- Marton v. McCaslandAppellate Division of the Supreme Court of the State of New York · 1962
- De Vito v. United Air Lines, Inc.District Court, E.D. New York · 1951
- Niewieroski v. National Cleaning ContractorsAppellate Division of the Supreme Court of the State of New York · 1987
- Tyrell v. StateAppellate Division of the Supreme Court of the State of New York · 1958
- Cohen v. RichardsNew York Supreme Court · 1932
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