McCoy v. Munro
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action for personal injuries by William McCoy, an infant, by James F. McGee, his guardian ad litem, against George W. Munro. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtJenks, 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, 42 N. Y. Supp. 1123, affirmed 158 N. Y. 742, 53 N. E. 1124; Nutting v. Railway Co., 21 App. Div. 72, 75, 47 N. Y. Supp. 327. 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. Plyer v. Insurance Co., 121 N. Y.…
2Cases cited12 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 by2 opinions
- 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