New York Small Stock Co. v. Third Avenue Railroad

The plaintiff sues to recover damages caused by the alleged negligence of the defendant.

When the action was before the General Term of the Court of Common Pleas on the prior appeal, the judgment, which Was in favor of the plaintiff, was reversed and a new trial ordered, with costs to the appellant to abide the event. . See 13 Misc. Rep. 276. The sole ground of reversal was that the judgment was against the weight of evidence, and the same ground is urged on this appeal.

'The first trial was had before the justice without a jury. Upon the new trial, the justice of his own motion empanéled a…