McGloin v. Metropolitan Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Street Railway Company, from a judgment of the Supreme - Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of March, 1901, upon the verdict of a jury for $22,000, which was subsequently reduced to $17,000, and also from -an order entered in said clerk’s office on the 12th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1DissentMcLaughlin, J.
(dissenting) :
This appeal is from an order denying a motion for a new trial on the minutes, as well as from the judgment, and, therefore, there is brought before this court for review all of the evidence and proceedings which took place upon the trial, and it is our duty to set aside the verdict, if, upon due examination, we are satisfied that the same was influenced by passion or prejudice, or that substantial justice was not done between the parties. (Davison v. Herring, 24 App. Div. 402.) While I concur in the opinion of Mr. Justice Ingraham to the effect that the evidence justified a…
2Cases cited1 opinion
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897