McCoy v. Munro
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, George W. Munro, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of June, 1901, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office of the 26th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes. . This action was brought to recover damages for personal injuries sustained by the…
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■ Appeal by the defendant, George W. Munro, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of June, 1901, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office of the 26th day of June, 1901, denying the defendant’s motion for a new trial made upon the minutes. . This action was brought to recover damages for personal injuries sustained by the plaintiff while riding upon an elevator installed in a building owned by the defendants, in consequence of the alleged…
1Opinion of the Court
Jenks, J.:
We should not disturb this judgment on the ground that it is against the weight of evidence. We may take into consideration that two juries have credited the version of the plaintiff. (Dorwin v. Westbrook, 11 App. Div. 395; affd., 158 N. Y. 742; Nutting v. Kings County Elevated R. Co., 21 App. Div. 72, 75.) Although there was testimony of written statements or oral statements made by the witnesses out of court that conflicted with their testimony, yet the question of their credibility was to be passed upon by the jury. (Flyer v. German Am. Ins. Co., 121 N. Y. 689 ; Becker v. Koch,…
2Cases cited10 opinions
- Becker v. . KochNew York Court of Appeals · 1887
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Holmes v. . MoffatNew York Court of Appeals · 1890
- Nowack v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Welsh v. . CochranNew York Court of Appeals · 1875
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3Cited by5 opinions
- Miano v. SchneiderNew York Supreme Court · 1955
- Dambmann v. Metropolitan Street Railway Co.New York Supreme Court · 1907
- Mollineaux v. ClappAppellate Division of the Supreme Court of the State of New York · 1904
- New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.Appellate Terms of the Supreme Court of New York · 1908
- Collender v. ReardonAppellate Terms of the Supreme Court of New York · 1910