Legal Opinion

Breland v. Long Island Railroad

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1949Published

1Opinion of the Court

We agree that the verdict was contrary to the weight of the evidence. However, the proof adduced in support of plaintiff’s version of the accident was not incredible as a matter of law. The dispute as to how the accident occurred was one involving the credibility of the witnesses; and, under the circumstances disclosed by this record, it was error to direct a verdict for defendant. (Blum v. Fresh Grown Preserve Corp., 292 N. Y. 241; Ruthizer v. Bass Dress Corp., 264 App. Div. 372.) Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

2Cases cited2 opinions

  1. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  2. Ruthizer v. William Bass Dress Corp.Appellate Division of the Supreme Court of the State of New York · 1942