Berkery v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Erie 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 Wyoming on the 31st day of May, 1899, upon the verdict of a jury for $1,500, and also, from an order entered in said clerk’s office on the 31st day of May, 1899, denying the defendant’s motion for a new trial made upon the minutes. .
1Dissent
McLennan, J. (dissenting):
I think the verdict of the jury in this case is so decidedly against the weight of evidence that it was error for the learned trial court to deny defendant’s motion for a new trial, made upon that ground, and that for such error the judgment and order appealed from should be reversed and a new trial granted.
The evidence descriptive of the locus in quo is not conflicting, and is stated with substantial accuracy in the prevailing opinion. There was such proof of defendant’s negligence as to require its submission to the jury. The verdict cannot be said to be excessive,…
2Cases cited8 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Hudson v. . R., W. O.R.R. Co.New York Court of Appeals · 1895
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
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