Scheuerman v. Knapp Coal Co.

Order setting aside the verdict of the jury in favor of the defendant Knapp Coal Co., Inc., reversed on the law and the facts, motion denied and verdict reinstated, with costs to the appellant. The setting aside of the verdict for said *875defendant was improvident. With respect to a defendant’s verdict in a tort action, the rule regarding the court’s supervisory control of verdicts is different from that which governs in the ease of a plaintiff’s verdict in a similar action. The determination of the result herein rested upon conflicting oral evidence. The version which the jury accepted was not…