Munday v. Nassau Electric Railroad

The plaintiff has had a verdict. A motion to set it aside was made on the ground that it was contrary to the evidence. Plaintiff was the only witness on her side as to the manner in which the accident occurred. The defendant called two passengers besides the crew of the car. If the accident occurred in the manner in which these witnesses said it did the plaintiff could not recover. If it happened the way the plaintiff said it did then the verdict was proper. The jury believed the plaintiff. Had the court been the decider of the facts it would have found a verdict for the defendant. But is…