Boos v. Field
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ervin C. Field, from an order of the Supreme Court, made at the Cortland Special Term and entered in the office of the clerk of the county of' Chenango on the 24th day of July, 1919, granting plaintiff’s motion for a new trial.
1Opinion of the Court
John M. Kellogg, P. J.:
The trial justice set aside the verdict in favor of the defendant on the ground that it was not fairly sustained by the evidence and because he erroneously submitted the plaintiff’s contributory ’ negligence to the jury. A trial justice has a supervisory power over a verdict. He has seen the witnesses and is in the atmosphere of the trial, and ordinarily this court will not disturb his discretion in setting aside a verdict as not sustained by the evidence.
The plaintiff 'was leading a two-year-old bull along a public highway, with an ordinary halter, consisting of a rope…
2Cited by7 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Kligman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
- Hogan v. FrankenAppellate Division of the Supreme Court of the State of New York · 1927
- Coleman v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Leversee v. NeidermyerAppellate Division of the Supreme Court of the State of New York · 1927
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