Ketcham v. Wilbur

Appellate Division of the Supreme Court of New York

Ketcham v. Wilbur

229 A.D. 746

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

DecidedApril 15, 1930

StatusPublished

This text of 229 A.D. 746 (Ketcham v. Wilbur) 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

Ketcham v. Wilbur, 229 A.D. 746 (N.Y. Ct. App. 1930).

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Opinion

Per Curiam.

The complaint states a cause of action (Ketcham v. Wilbur, 241 N. Y. 516). Upon the first trial a judgment in favor of plaintiff was reversed on the ground that the verdict was against the weight of the evidence (222 App. Div. 788). A judgment based upon a directed verdict for defendant on the second trial was reversed on the ground that a prima facie case had been made out (225 App. Div. 719). On this appeal from the judgment [order setting aside verdict] resulting from the third trial we find sufficient evidence to sustain the verdict. (McKeon v. Van Slyck, 223 N. Y. 392, 397, 398; Caldwell v. Lucas, 233 id. 248, 254.) The order appealed from should be reversed on the law and facts and the [747]*747verdict reinstated, with costs to appellant. All concur. Present ■— Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.

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Per Curiam.

The complaint states a cause of action (Ketcham v. Wilbur, 241 N. Y. 516). Upon the first trial a judgment in favor of plaintiff was reversed on the ground that the verdict was against the weight of the evidence (222 App. Div. 788). A judgment based upon a directed verdict for defendant on the second trial was reversed on the ground that a prima facie case had been made out (225 App. Div. 719). On this appeal from the judgment [order setting aside verdict] resulting from the third trial we find sufficient evidence to sustain the verdict. (McKeon v. Van Slyck, 223 N. Y. 392, 397, 398; Caldwell v. Lucas, 233 id. 248, 254.) The order appealed from should be reversed on the law and facts and the [747]*747verdict reinstated, with costs to appellant. All concur. Present ■— Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.

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229 A.D. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ketcham-v-wilbur-nyappdiv-1930.

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