Serwer v. Serwer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosa Serwer, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 28th day of December, 1901, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action.
1Opinion of the Court
Goodrich, P. J.:
We are asked to reverse an order of Mr. Justice Gayhor setting aside a verdict for the plaintiff as being against “ the weight of evidence and upon all the exceptions taken by the defendant at the trial thereof.”
As this appeal is taken by the plaintiff, the exceptions taken by the defendant do not appear in the record, and we are not able to say that the learned justice did not properly order a new trial upon the exceptions. We are, therefore, called to examine the record in order to say whether there was a sound exercise of discretion by the court in setting aside the verdict…
2Cases cited6 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Lund v. SpencerAppellate Division of the Supreme Court of the State of New York · 1899
- Young v. StoneNew York Supreme Court · 1894
- Slater v. DrescherNew York Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- Robinson v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Anderson v. WoodAppellate Terms of the Supreme Court of New York · 1906
- Hatch v. New York Central & Hudson River RailroadNew York Supreme Court · 1903
- Commonwealth v. CantanzaritiMontgomery County Court of Oyer and Terminer · 1922
4 more not listed; retrieve them via the Exa API.