Legal Opinion · Concurrence
Ivison v. Ivison
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1903Published
Appeal from Trial Term, New York County. Action by Charles H. Ivison against David B. Ivison and others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.
1ConcurrenceO’Brien, J.
I concur in result. The rule in Dobie v. Armstrong, 160 N. Y. 584, 55 N. E. 302, has been modified by McDonald v. Metropolitan Street Railway Co., 167 N. Y. 66, 60 N. E. 282, as pointed out by this court in the recent case of Phillips v. Phillips, 77 App. Div. 113, 78 N. Y. Supp. 1001, wherein we held:
“Upon the law as now authoritatively laid down by the Court of Appeals, therefore, a verdict cannot be directed for a plaintiff or defendant, no matter how great the weight or preponderance of evidence may be in .his favor, where, on the other side, evidence has been given which presents an…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Philips v. PhilipsAppellate Division of the Supreme Court of the State of New York · 1902
- Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1902