Lashaway v. Young
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carrie Lashaway, from an order of the Supreme Court, made at the Washington Trial Term, and entered in the office of the clerk of the county of Washington on the 24th day of March, 1902, setting aside a verdict of $250 rendered by the jury in favor of the plaintiff and granting a new trial of the action.
1Opinion of the Court
Smith, J. :
The order appealed from was made upon the ground that the verdict was against the weight of evidence. The trial judge had the witnesses before him and could better judge than can we of the credit which should be given to their testimony. The exercise of this discretion in granting a new trial should not be interfered with unless the record shows such a clear right to the verdict obtained as to leave no room for doubt. The contest before the jury was over a claim against an estate. Six witnesses swore that at a time shortly after the death of the decedent plaintiff declared that the…
2Cases cited1 opinion
- People v. GlasgowAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Duffy v. City of New YorkNew York Supreme Court · 1907
- Jones v. Marmac Construction Co.City of New York Municipal Court · 1913