Bruce v. Brooklyn Heights Railroad

Appellate Division of the Supreme Court of New York

Bruce v. Brooklyn Heights Railroad

67 N.Y.S. 1129

Procedural entryThis page is a short order in Bruce v. Brooklyn Heights Railroad. Read the opinion of the Court — 68 A.D. 242 →

Appellate Division of the Supreme Court of the State of New York·Decided December 14, 1900·Published

Opinion

PER CURIAM.

Order reversed, without costs. As there is an appeal here, not merely from the judgment, but from an order denying a motion for a new trial, we think it may bo important to the appellant to lay the testimony in the case before the appellate court in the precise form in which it was given by the witnesses, inasmuch as the court, on appeal, is called upon to determine whether the verdict is against the weight of evidence or not.

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PER CURIAM.

Order reversed, without costs. As there is an appeal here, not merely from the judgment, but from an order denying a motion for a new trial, we think it may bo important to the appellant to lay the testimony in the case before the appellate court in the precise form in which it was given by the witnesses, inasmuch as the court, on appeal, is called upon to determine whether the verdict is against the weight of evidence or not.

Bruce v. Brooklyn Heights Railroad, 67 N.Y.S. 1129 (N.Y. Ct. App. 1900).

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67 N.Y.S. 1129 (Bruce v. Brooklyn Heights Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.