Legal Opinion
Devonshire v. Stubbs
New York County Courts
Decided January 16, 1930Published
1Opinion of the CourtMosher, J.
This motion was made before the judge, presiding at the trial, upon his minutes, at the same term, which still continues by adjournment. (Hinman v. Stillwell, 34 Hun, 178.) There is no standard or well-defined rule to determine when a verdict may be set aside but it depends in a great degree upon the peculiar circumstances of each case (McDonald v. Metropolitan St. Ry. Co., N. Y. 66; Perham v. Cottle, 98 Misc. 48; affd., 178 App. Div. 949; Dambmann v. Metropolitan St. Ry. Co., 55 Misc. 60), and this power is to be cautiously exercised (Algeo v. Duncan, 39 N. Y. 313, 316), not arbitrarily…
2Cases cited30 opinions
- Greany v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Gibney v. . MarchayNew York Court of Appeals · 1866
- Algeo v. . DuncanNew York Court of Appeals · 1868
- Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1901
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