Schargel v. United Electric Light & Power Co.

A pure question of fact was here presented which the trial court was entitled to determine as it did. It may well be that had we tried the cause, we might have arrived at a radically different judgment, but we do not consider that we are privileged to substitute the result which we might have reached in place of that of the court below. Indeed, this is now so well recognized in principle that it becomes perfectly needless to cite authority in support of the proposition, except perhaps to say with Mr. Justice Gaynor in McGlynn v. Nassau Electric R. R. Co. (128 App. Div. 866, 867; affd., 198 N.…