Seyford v. Southern Pacific Co.
Appellate Division of the Supreme Court of the State of New York
Rehearing of an appeal by the defendant, Southern Pacific Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 1st day of March, 1915, upon a verdict of a jury, and also from an order entered in said clerk’s office on the same, day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
This court decided that there was not, and the Court of Appeals considered that there was, sufficient evidence to justify the submission of the issues to the jury. (159 App. Div. 870; 216 N. Y. 613.) The present question is whether this court, that regarded the record destitute of any sustaining evidence, now finds it in preponderating quantity. The plaintiff, serving as a competent and experienced person to look after the electrical apparatus of defendant’s ships as they came to the port of New York, fell through a hatch in the upper coal bunker of one of them. Sent by his…
2Cases cited2 opinions
- Seyford v. . Southern Pacific Co.New York Court of Appeals · 1916
- Seyford v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1913