Coffey v. New York City Railway Co.

Appellate Division of the Supreme Court of New York

Coffey v. New York City Railway Co.

117 A.D. 670, 102 N.Y.S. 1132, 1907 N.Y. App. Div. LEXIS 318

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1907

StatusPublished

This text of 117 A.D. 670 (Coffey v. New York City Railway Co.) 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

Coffey v. New York City Railway Co., 117 A.D. 670, 102 N.Y.S. 1132, 1907 N.Y. App. Div. LEXIS 318 (N.Y. Ct. App. 1907).

Pincite

Opinion

Houghton, J.:

The order setting aside the verdict and granting a new trial, from-which the plaintiff appeals, recites that the motion was "made upon , the ground, amongst others, that the verdict was against the weight of evidence.

In a ‘ memorandum opinion, the learned trial court stated views respecting the case, -in which we do not concur. It is the order, however,, which governs our consideration of the appeal find not the opinion. Treating the motion , as made upon .the ground-that [671]*671the verdict was against the weight of evidence, as we must, the facts disclosed by the record are such that we do not feel justified in interfering with the discretion exercised by the trial court'in making such an order.

The order granting a new trial is, therefore, affirmed, with costs.

Patterson, P. J., Ladghlin and Lambert, JJ., concurred; Ingraham, ¿L, concurred in result. -

Order affirmed, with costs. Order filed.

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