Breland v. Long Island Railroad

Appellate Division of the Supreme Court of New York

Breland v. Long Island Railroad

275 A.D.2d 945

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1949·Published

Opinion

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.

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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.

Breland v. Long Island Railroad, 275 A.D.2d 945 (N.Y. Ct. App. 1949).

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Opinion

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