Robinson v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Robinson,, from an order of the Supreme Court,,made at. the New York Tidal Term arid entered in the .office of the .clérk of "the Bounty of New; York on . the 22d day of Hovember, 1905, and also from' so much of an order entered in said clerk’s office, ori the 27th day of Hovember, 1905, resettling the first abov.e-mentioned order, as grants the defendant’s motion- to set aside a verdict theretofore rendered in favor of the plaintiff, and…
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Appeal by the plaintiff, Margaret Robinson,, from an order of the Supreme Court,,made at. the New York Tidal Term arid entered in the .office of the .clérk of "the Bounty of New; York on . the 22d day of Hovember, 1905, and also from' so much of an order entered in said clerk’s office, ori the 27th day of Hovember, 1905, resettling the first abov.e-mentioned order, as grants the defendant’s motion- to set aside a verdict theretofore rendered in favor of the plaintiff, and for a new trial of the action. , .'This is an action for damages for personal injuries sustained by the plaintiff by…
1Opinion of the Court
O’Brien, P. J.:
Upon the question of whether the learned trial court erred in setting aside a verdict we must keep in mind the rule which controls an appellate court in approaching the consideration of that *48question, and which requires that it should not disturb the disposition made unless it appears that the' discretion vested in the trial judge has been exceeded or abused. As said in Serwer v. Serwer (71 App. Div. 415):: “ When á verdict has been set aside by the trial court in the' exercise of its discretionary power as against the weight of evidence; its determination ought not to be…
2Cases cited2 opinions
- Serwer v. SerwerAppellate Division of the Supreme Court of the State of New York · 1902
- Slater v. DrescherNew York Supreme Court · 1893
3Cited by6 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- General Exchange Insurance v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 1959
- Gutin v. Frank Mascali & SonsNew York Supreme Court · 1960
- Bloch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Joseph v. New York City Railway Co.New York Supreme Court · 1908
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