Titus v. Wallick

When this case was before this court on a prior appeal, we reversed as against the weight of the evidence a judgment in favor of the defendant and directed judgment in favor of the plaintiff (Titus v. Wallick, 222 App. Div. 17). Thereafter a new trial was granted on the ground of newly-discovered evidence (Titus v. Wallick, 227 App. Div. 789). The additional testimony contained in the present record is not of sufficient weight to cause us to change the determination reached on the original appeal. For the reasons there stated the judgment should be reversed, with costs, and judgment directed…