Decker v. Stauring
New York Supreme Court
This action was brought to recover damages under chapter 646, Laws of 1873, known as the civil damage act. It was tried before a jury, and verdict rendered for defendant. The plaintiff moves for a new trial, and predicates her motion upon the minutes of the court. The plaintiff concedes that the verdict upon the second count of the complaint cannot be disturbed, as there was a conflict of the evidence, and the case was upon that branch conclusively determined by the jury.
1Opinion of the CourtHardin, J.
The learned counsel for the plaintiff properly states the rule which pervades upon such motions (Townsend Manf'g. Co. agt. Foster, 51 Barb., 346; affirmed, 41 N. Y., 620).
*496The evidence in this case which related to the first count of the complaint, which is now urged upon the court, was to the effect that plaintiff’s late husband was accustomed to frequent the defendant’s place of business and to drink intoxicating liquors and return to his home late, and cross and ill-natured at times. He was a laborer for the railroad company and earned about thirty-six dollars per month, and had an account…
2Cases cited6 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Stevens v. GladdingSupreme Court of the United States · 1855
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Overseers of Poor v. LuntNew York Supreme Court · 1836
- Comfort v. ThompsonNew York Supreme Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898