Lamm v. Metropolitan Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of New York, entered upon the verdict of a jury, and from an order denying a motion for a new trial.
1DissentScott, J.
A former judgment in favor of plaintiff was reversed as against the weight of evidence (90 N. Y. Supp. 390). Upon a second trial, upon what appears to be substantially the same evidence, a jury has again ren*629derecl a verdict in plaintiff’s favor. The case has thus been passed upon twice by a jury with the same result each time. The jury had the advantage of seeing the witnesses and ob-. serving their manner of testifying, and it may well be that the printed case does not adequately represent the effect produced by the oral evidence. I see no reason to believe that any different result will be…
2Cases cited1 opinion
- Lamm v. Metropolitan St. Ry. Co.Appellate Terms of the Supreme Court of New York · 1904