Joseph v. Rochester Motor Coach Co.

Opinion by

Mr. Justice Arnold,

In this action of trespass for injuries to the minor plaintiff occasioned when run over by defendant’s bus, the jury returned a verdict for defendant, and plaintiffs appeal from the refusal to grant a new trial.

Plaintiffs acknowledge that there was no error in the trial, including the court’s charge, but contend that the court below abused its discretion in that the verdict was against the evidence and the weight of the evidence.

The proof may he clear and indisputable, yet if dependent upon oral testimony it is the jury’s province to decide as to the law…