Fay v. Manhattan Railway Co.

Appellate Division of the Supreme Court of New York

Fay v. Manhattan Railway Co.

38 N.Y.S. 1143, 72 N.Y. St. Rep. 867

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

DecidedMarch 20, 1896

StatusPublished

This text of 38 N.Y.S. 1143 (Fay v. Manhattan 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

Fay v. Manhattan Railway Co., 38 N.Y.S. 1143, 72 N.Y. St. Rep. 867 (N.Y. Ct. App. 1896).

Pincite

Opinion

PER CURIAM.

We are all of opinion that the evidence in this case is entirely insufficient to sustain the decision and judgment. A new trial must be awarded, because the evidence is not of such a character as would justify a modification The weight of evidence is so greatly in favor of the defendants that we must either dismiss the complaint or award a new trial. As the plaintiff may be able to make out a stronger case upon another hearing, the latter course should be adopted. The judgment will therefore be reversed, and a new trial ordered, with costs to the appellants to abide the event.

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PER CURIAM.

We are all of opinion that the evidence in this case is entirely insufficient to sustain the decision and judgment. A new trial must be awarded, because the evidence is not of such a character as would justify a modification The weight of evidence is so greatly in favor of the defendants that we must either dismiss the complaint or award a new trial. As the plaintiff may be able to make out a stronger case upon another hearing, the latter course should be adopted. The judgment will therefore be reversed, and a new trial ordered, with costs to the appellants to abide the event.

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Bluebook (online)

38 N.Y.S. 1143, 72 N.Y. St. Rep. 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fay-v-manhattan-railway-co-nyappdiv-1896.