McDonald v. Metropolitan Street Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 19, 1900, upon an order affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. i The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 19, 1900, upon an order affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. i The nature of the action and the facts, so far as material, are stated in the opinion. The trial justice erred in directing a verdict in favor of the defendant, merely because, in his opinion, the evidence preponderated in defendant’s favor. (Luhrs v. B. H. R. R. Co., 11 App. Div. 173 ; Colt v. S. A. R. R. Co., 49 N.…
1Opinion of the CourtMartin, J.
This action was for personal injuries resulting in the death of the plaintiff’s intestate, and was based upon the alleged negligence of the defendant. An appeal was allowed to this court upon the ground of an existing conflict in the decisions of different departments of the Appellate Division as to when a verdict may be directed where there is an issue of fact, and because in this case an erroneous principle was asserted which, if allowed to pass uncorrected, would be likely “ to introduce confusion into the body of the law.” (Sciolina v. Erie Preserving Co., 151 N. Y. 50.) The court having…
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