Henavie v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovemher 30, 1896, reversing a judgment in favor of the plaintiff entered on the verdict of a jury. This action was tried before a jury and resulted in a verdict for the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered Hovemher 30, 1896, reversing a judgment in favor of the plaintiff entered on the verdict of a jury. This action was tried before a jury and resulted in a verdict for the plaintiff. The defendant thereupon moved for a new trial upon the ground, among others, that the verdict was contrary to the evidence, but the motion was denied, and an appeal from the order entered accordingly, as well as from the judgment entered upon the verdict, was taken to the Appellate Division, which…
1Opinion of the CourtVann, J.
The question presented for review is, whether an appeal lies to this court from a judgment of an Appellate Division of the Supreme Court, reversing a judgment and order and granting a new trial, when the ajipeal to that court was not only from a judgment entered upon the verdict of a jury, but also from au order denying a motion for a new trial upon the ground that the verdict was against the weight of evidence. The decision of this question depends upon the construction of section 1338 of the Code of Civil Procedure, as amended by chapter 946 of the Laws of 1895. Prior to that amendment the…
2Cases cited6 opinions
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
- In re BrownNew York Supreme Court · 1839
- Chapman v. . ComstockNew York Court of Appeals · 1892
- Croswell v. CraneNew York Supreme Court · 1849
- Hughes v. FarrarSupreme Judicial Court of Maine · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Town of Aurora v. Village of E. AuroraNew York Court of Appeals · 2018
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of HellmanNew York Court of Appeals · 1903
- Liebman v. County of WestchesterNew York Supreme Court · 1972
- In re the Estate of HorchlerAppellate Division of the Supreme Court of the State of New York · 1971
- In Re KuserNew Jersey Superior Court Appellate Division · 1942
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