Hart v. National Casket Co.

Appellate Division of the Supreme Court of New York

Hart v. National Casket Co.

252 A.D. 884, 300 N.Y.S. 1352, 1937 N.Y. App. Div. LEXIS 6677

Appellate Division of the Supreme Court of the State of New York·Decided November 29, 1937·Published

Opinion

In an action to recover damages for the death of the plaintiff’s intestate, resulting from the alleged negligence of the defendants, order granting the plaintiff’s motion to set aside the verdict, vacate the judgment and grant a new trial on the ground of newly discovered evidence reversed on the law, without costs, motion denied, and judgment reinstated. In the opinion of this court, the new evidence is not of such a character and quality that a different verdict upon a new trial may be considered a probability. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

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In an action to recover damages for the death of the plaintiff’s intestate, resulting from the alleged negligence of the defendants, order granting the plaintiff’s motion to set aside the verdict, vacate the judgment and grant a new trial on the ground of newly discovered evidence reversed on the law, without costs, motion denied, and judgment reinstated. In the opinion of this court, the new evidence is not of such a character and quality that a different verdict upon a new trial may be considered a probability. Hagarty, Carswell, Johnston, Taylor and Close, JJ., concur.

Hart v. National Casket Co., 252 A.D. 884, 300 N.Y.S. 1352, 1937 N.Y. App. Div. LEXIS 6677 (N.Y. Ct. App. 1937).

Pincite

252 A.D. 884 (Hart v. National Casket Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.