Williams v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Delaware, Lackawanna, and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 6th day of June, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 15th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s…
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■ Appeal by the defendant, The Delaware, Lackawanna, and Western Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 6th day of June, 1902, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 15th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 14th day of May, 1902, granting the plaintiff’s motion for an extra allowance of costs.
1Concurrence
Adams, P. J. (concurring):
Since this case was last before this court the Appellate Division of the first department has held, in a case strikingly like the present one in the various vicissitudes through which it had passed, that inasmuch as the issues of fact in that case were, such as must ultimately be decided by a jury, and as former juries, selected at different times, had determined such issues in favor of the plaintiff, the Appellate Division would no longer' be justified in setting aside a verdict as against the "weight of evidence, especially where it appeared, as it does here, that…
2Cases cited2 opinions
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1901