Kummer v. Christopher & Tenth Street Railroad
New York Court of Common Pleas
Appeal from trial term. Action by Charles Rummer against the Christopher & Tenth Street Railroad Company, to recover damages resulting from an alleged assault ■ on plaintiff by a driver of defendant’s car. Plaintiff had judgment,, from which, and an order denying a new trial, defendant appeals. Re-versed. For decision on former appeal, see 20 N. Y. Supp. 116. ■ .
1Opinion of the CourtPryor, J.
On appeal from an order denying a motion for a new trial, it is the right, and, for that matter, the duty, too, of the court at general term to review the evidence, and to set aside the verdict, if believed "to be unsustained by credible proof, and contrary to the justice of the case. Hamilton v. Railroad Co., 53 N. Y. 25, 30; Hynes v. McDermott, 7 Abb. N. C. 98; Engel v. Schoolherr, 12 Daly, 417. *942•Otherwise there would be no relief from a judgment unaffected by legal ■error, though resting upon a verdict itself infirm from a defect of evidence satisfactory to the reason and conscience of the…
2Cases cited5 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Engel v. SchoolherrNew York Court of Common Pleas · 1884
- Chaffee v. MorssNew York Supreme Court · 1874
- Hynes v. McDermottNew York Court of Common Pleas · 1879
3Cited by8 opinions
- Nelson v. Easton & Amboy RailroadNew York Court of Common Pleas · 1894
- Pollock v. PollockNew York Court of Common Pleas · 1894
- Horan v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1894
- Hedin v. Long Island RailroadNew York Court of Common Pleas · 1896
- Hedin v. Long Island RailroadNew York Court of Common Pleas · 1895
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