Kingsley v. Finch, Pruyn & Co.
New York Supreme Court
Motion by defendant to set aside verdict in favor of plaintiff as against the weight of evidence.
1Opinion of the CourtSpencer, J.
The inutility of setting aside verdicts as against the weight of evidence has been established by long experience. The hooks are full of instances where two, *318three, and even four trials have been had in succession without change of result. The rule to which I think the courts must ultimately come is that no verdict in such a case should- be set aside by the trial court as against the weight of evidence unless there be something in the record that indicates that it was influenced by bias, passion, prejudice or corruption, mid, therefore, some prospect of a different result upon a retrial.…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by6 opinions
- Jones v. TuckerSuperior Court of Delaware · 1912
- Jackson v. Olin J. Stephens, Inc.New York City Court · 1913
- Metzler v. FarberAppellate Terms of the Supreme Court of New York · 1911
- Sater v. SalomonAppellate Terms of the Supreme Court of New York · 1912
- Jash-Lap Realty Co. v. FishmanCity of New York Municipal Court · 1921
1 more not listed; retrieve them via the Exa API.