Brown v. New York City Transit Authority

The plaintiff moves for a new trial upon the ground that the verdict for the defendant is against the weight of the credible evidence and further on the ground of newly discovered evidence. The motion to set aside the verdict on the ground that it is against the weight of the credible evidence is denied. It was for the jury to decide what testimony *667was credible and whether upon the basis of the credible testimony the plaintiff had sustained his burden of proof.

Plaintiff testified that he had sustained an accident on January 9, 1958 at the Freeman Street station and that on the day before the…