Balderman v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Balderman v. Metropolitan Street Railway Co.

84 N.Y.S. 1118

Appellate Terms of the Supreme Court of New York·Decided November 6, 1903·Published

Opinion

BLANCHARD, J.

We do not think the verdict is grossly against the weight of evidence, nor even that it preponderates in favor of the defendant. The case was fairly submitted to the jury by the learned trial court, and the jury resolved the conflict in the evidence in favor of the plaintiff. As there is evidence to sustain the verdict, we do not think it should be disturbed. The judgment and order must be affirmed, with costs. All concur.

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BLANCHARD, J.

We do not think the verdict is grossly against the weight of evidence, nor even that it preponderates in favor of the defendant. The case was fairly submitted to the jury by the learned trial court, and the jury resolved the conflict in the evidence in favor of the plaintiff. As there is evidence to sustain the verdict, we do not think it should be disturbed. The judgment and order must be affirmed, with costs. All concur.

Balderman v. Metropolitan Street Railway Co., 84 N.Y.S. 1118 (N.Y. Ct. App. 1903).

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