Hovell v. Dowling

Appellate Division of the Supreme Court of New York

Hovell v. Dowling

249 A.D. 777, 292 N.Y.S. 1010, 1936 N.Y. App. Div. LEXIS 5969

Appellate Division of the Supreme Court of the State of New York·Decided December 28, 1936·Published

Opinion

Action to recover damages for the death of plaintiff’s intestate, killed by a train of the Interborough Rapid Transit Company, of which defendants are receivers. Judgment in favor of the plaintiff affirmed, with costs. The record on this appeal presents a stronger case in favor of the plaintiff than that which appeared on the prior trial. Carswell, Davis and Johnston, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote for reversal and a new trial on the ground that the verdict of the jury is against the weight of the evidence.

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Action to recover damages for the death of plaintiff’s intestate, killed by a train of the Interborough Rapid Transit Company, of which defendants are receivers. Judgment in favor of the plaintiff affirmed, with costs. The record on this appeal presents a stronger case in favor of the plaintiff than that which appeared on the prior trial. Carswell, Davis and Johnston, JJ., concur; Lazansky, P. J., and Hagarty, J., dissent and vote for reversal and a new trial on the ground that the verdict of the jury is against the weight of the evidence.

Hovell v. Dowling, 249 A.D. 777, 292 N.Y.S. 1010, 1936 N.Y. App. Div. LEXIS 5969 (N.Y. Ct. App. 1936).

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