Berkowitz v. Consolidated Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Consolidated Gas Company of ■Yew York, from an order of the Supreme Court, made at the Yew York Trial Term and entered in the office of the clerk of the county of Yew York on the 14tli day of April, 1909, granting the plaintiff’s motion made upon the minutes to set aside the verdict of a jury theretofore rendered in favor of the said defendant and for a new trial.
1DissentLaughlin, J.
(dissenting) :
The order from which the appeal is taken recites that the trial court, in the exercise of its discretion, set aside the verdict and granted a new trial upon the ground, among others, that the verdict was contrary to the evidence. Express authority is conferred upon the trial court by section 999 of the Code of Civil Procedure to set aside a verdict as contrary to the evidence, and this has come to be understood as meaning against the weight of the evidence and is usually so referred to in the opinions of the court. I am of opinion that the discretion of the court to set aside…
2Cases cited1 opinion
- Vogel v. BahrAppellate Division of the Supreme Court of the State of New York · 1909