Cassio v. Brooklyn Heights Railroad

The plaintiff gained a verdict for $200 damages for personal injuries, and this appeal is by the defendant from the judgment and order denying a new trial. In Kaare v. Iron Co., 139 N. Y. 369, 377, 34 N. E. 901, 903, the court say:

“But where there is a vast preponderance in the evidence in favor of the defendant, and the defense is supported by numerous witnesses apparently entitled to credit, either unsupported or slightly supported, the general term should exercise an independent judgment, and give the defendant appealing to it the full benefit which the law, by the right of appeal, intends…