Layman v. John Anderson & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court. Action by John Martin Layman against John Anderson & Go. From an order setting aside the verdict and directing a new trial, plaintiff appeals. Affirmed. Argued before VAN BRUNT, P. J., and BARRETT, RUMSEY, WILLIAMS, and PATTERSON, JJ.
1Opinion of the CourtWilliams, J.
We have considered and passed upon the question whether the verdict was against the evidence. 4 App. Div. 124, 38 N. Y. Supp. 883. And, without further discussion of that question, we adhere to the conclusion there arrived at,—that the trial judge was not authorized to set aside the verdict and order a new trial for that reason. We have not, however, determined the questions arising upon the exceptions taken during the trial, and these we are now called upon to consider. In order to appreciate these questions, we need to recall briefly some of the facts, and to have in mind the real issue…
2Cases cited2 opinions
- Layman v. John Anderson & Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Gibbs v. CarnahanNew York Supreme Court · 1893
3Cited by1 opinion
- Hexter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1899