Courtney v. Garden State Lines

The opinion of the court was delivered by

WolfsKeil, J.

This is an appeal from a judgment based upon a verdict in favor of plaintiff. An application for a new trial on the ground that the verdict was contrary to the weight of evidence was denied and defendant appeals. Two grounds are argued:

First — That the refusal to allow a new trial was an abuse of discretion. It is, of course, true that in granting or refusing a new trial the court is exercising a discretionary power which is not ordinarily reviewable. Delaware, Lackawanna and Western Railroad, Co. v. Nevelle, 51 N. J. L. 332; Giordano v.…