Luhrs v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
'Motion by the defendant, The Brooklyn Heights Railroad Company, for a reargument of an appeal from a judgment, which was entered in the office of the clerk of the county of Kings on the 23d day of March, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings.
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'Motion by the defendant, The Brooklyn Heights Railroad Company, for a reargument of an appeal from a judgment, which was entered in the office of the clerk of the county of Kings on the 23d day of March, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings. The Appellate Division reversed the judgment and ordered a new trial, the opinion being reported in 11 Appellate Division, 173.
1Opinion of the Court
Cullen, J.;
We are asked to grant a reargument, on the ground that the' decision hitherto rendered by us is in conflict with what is claimed the controlling authority of Linkhauf v. Lombard (137 N. Y. 426) and Hemmens v. Nelson (138 id. 517). In Linkhauf v. Lombard it is said by Judge Gray : “ The rule should be regarded as settled, under all the authorities, as well by the decisions of the courts of this State as by those of England, that, where there is no evidence upon an issue before the jury, or the weight- of the evidence is so decidedly preponderating in favor of one side that a verdict…
2Cases cited5 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Mason v. . LordNew York Court of Appeals · 1869
- Vermilyea v. . PalmerNew York Court of Appeals · 1873
- In Re the Estate of HarriotNew York Court of Appeals · 1895
3Cited by6 opinions
- Schillinger v. McGarryAppellate Terms of the Supreme Court of New York · 1899
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Mosher v. DavisAppellate Division of the Supreme Court of the State of New York · 1899
- Olsen v. StarinAppellate Division of the Supreme Court of the State of New York · 1899
- Wise v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1899
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