Mann v. Hunt
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBebgan, J.
The jury’s verdict in this negligence case was for the defendant; but the judge was of opinion the verdict was against the weight of evidence and set it aside. The semantic problem that adheres to the expression “ against the weight of evidence ’ ’ has never been given an entirely successful solution. It involves essentially a matter of judgment and appraisal with the standards stemming back deep in the soil of the experience of the profession.
*141Everyone would admit that there are circumstances in which a trial judge’s duty may require him to set aside a verdict which is too high, too low, or…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Lipshitz v. SloanAppellate Division of the Supreme Court of the State of New York · 1952
3Cited by73 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1983
- Ellis v. HoelzelAppellate Division of the Supreme Court of the State of New York · 1977
- Liberman v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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