Home/Appellate Division of the Supreme Court of New York/Breland v. Long Island Railroad

Breland v. Long Island Railroad

275 A.D.2d 945
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 13, 1949
StatusPublished

This text of 275 A.D.2d 945 (Breland v. Long Island Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Related

Blum v. Fresh Grown Preserve Corp.
54 N.E.2d 809 (New York Court of Appeals, 1944)
Ruthizer v. William Bass Dress Corp.
264 A.D. 372 (Appellate Division of the Supreme Court of New York, 1942)

Cite This Page — Counsel Stack

Bluebook (online)
275 A.D.2d 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breland-v-long-island-railroad-nyappdiv-1949.