Davidson v. Morse Dry Dock & Repair Co.

Appellate Division of the Supreme Court of New York

Davidson v. Morse Dry Dock & Repair Co.

222 A.D. 815

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1928·Published·Cited by 1 cases

Opinion

Order granting motion to set aside verdict unanimously affirmed, with costs. While we are of opinion that the trial justice erred in holding that plaintiff was negligent as matter of law, we nevertheless affirm the order, which is made upon all the grounds stated in section 549 of the Civil Practice Act, as a proper exercise of discretion. Present — Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ.

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Order granting motion to set aside verdict unanimously affirmed, with costs. While we are of opinion that the trial justice erred in holding that plaintiff was negligent as matter of law, we nevertheless affirm the order, which is made upon all the grounds stated in section 549 of the Civil Practice Act, as a proper exercise of discretion. Present — Lazansky, P. J., Rich, Kapper, Seeger and Carswell, JJ.

Davidson v. Morse Dry Dock & Repair Co., 222 A.D. 815 (N.Y. Ct. App. 1928).

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Opinion

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