Hehir v. Rhode Island Co.

This case was very fully and carefully considered by the court before rendering the decision now complained of by defendant’s counsel, and, after reading his brief in support of his motion for a re-argument, we fail to see that he has pointed out any error committed by the court in said decision.

Counsel criticises the rule adopted by the court that “ where the evidence is conflicting, the ease is one which is peculiarly within the province of the jury to decide;” contending that under such a broad rule the Appellate Division could in no case consider a petition for new trial, based upon the…