Sayer v. King
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Orange county. Action by John Sayer against John King and John McCullough, receivers of the New York, Lake Erie & Western Railroad Company. Judgment for plaintiff.- From an order denying a motion for new trial on the ground that the verdict was against the weight of evidence, and on the ground of surprise and newly-discovered evidence, defendants appeal.
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Appeal from trial term, Orange county. Action by John Sayer against John King and John McCullough, receivers of the New York, Lake Erie & Western Railroad Company. Judgment for plaintiff.- From an order denying a motion for new trial on the ground that the verdict was against the weight of evidence, and on the ground of surprise and newly-discovered evidence, defendants appeal. The motion was made on a case and affidavits, by leave of court, after denial of the motion for a new trial on the minutes. Affirmed. Argued before GOODRICH, P. J., and CULLEN, BARTLETT, HATCH, and BRADLEY. JJ.
1Opinion of the CourtBradley, J.
The evidence was sufficient to support the verdict. The only ground requiring consideration is whether the motion should have been granted by reason of surprise and of newly-discovered evidence. The action and recovery were for a personal injury alleged to have been occasioned to the plaintiff by the negligence of the defendants, who were operating the railroad of the company, of which they were receivers. The injury was received when the plaintiff was in bis wagon, proceeding on a public highway to pass over the railroad at what was known as “Pierson’s Crossing,” in the county of Orange, in…
2Cases cited6 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- Glassford v. LewisNew York Supreme Court · 1894
- Smith v. RentzNew York Supreme Court · 1893
- Peck v. HilerNew York Supreme Court · 1860
- Glendening v. CanaryNew York Court of Common Pleas · 1875
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