Post v. Kerwin
Appellate Division of the Supreme Court of the State of New York
Motion for reargument of an appeal by the plaintiff.
1Opinion of the Court
Jenks, P. J.:
We think that when a judge who presides at a trial by jury sets aside the verdict and grants a new trial on the ground that the verdict is against the weight of the evidence, he is not absolutely required to impose the payment' of costs to the party who secured the verdict. There are many decisions, and among them are those in this department, to the contrary. Of these at least the later appear to accept this rule as one of long-settled practice or as “ too firmly established to be departed from ” without question. It would seem, indeed, that the rule rests upon antiquity rather…
2Cases cited3 opinions
- Luhrs v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Johnson v. ScribnerSupreme Court of Connecticut · 1826
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Weinstein v. ProstkoffNew York Supreme Court · 1959
- Gutin v. Frank Mascali & SonsNew York Supreme Court · 1960
- Capozzi v. BulkleyAppellate Division of the Supreme Court of the State of New York · 1913
- Stancourt Laundry Co. v. LamuraCity of New York Municipal Court · 1914
- Gutin v. Mascali & Sons, Inc.New York Court of Appeals · 1962
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