Scheeler v. Metropolitan St. Railway Co.

Appellate Division of the Supreme Court of New York

Scheeler v. Metropolitan St. Railway Co.

50 N.Y.S. 1133

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

DecidedApril 7, 1898

StatusPublished

This text of 50 N.Y.S. 1133 (Scheeler v. Metropolitan St. 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

Scheeler v. Metropolitan St. Railway Co., 50 N.Y.S. 1133 (N.Y. Ct. App. 1898).

Pincite

Opinion

PER CURIAM.

The question here is purely one of fact. We have examined the record, and find that there was sufficient testimony to go to the jury upon all the questions which were submitted to them. There were undoubtedly discrepancies in the plaintiff’s testimony, but there were also discrepancies in the testimony of the defendant’s witnesses; and all' that need be said is that there was no such preponderance of evidence in the defendant’s favor as would justify us in setting aside the-verdict. The judgment and order should be affirmed, with costs.

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PER CURIAM.

The question here is purely one of fact. We have examined the record, and find that there was sufficient testimony to go to the jury upon all the questions which were submitted to them. There were undoubtedly discrepancies in the plaintiff’s testimony, but there were also discrepancies in the testimony of the defendant’s witnesses; and all' that need be said is that there was no such preponderance of evidence in the defendant’s favor as would justify us in setting aside the-verdict. The judgment and order should be affirmed, with costs.

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Bluebook (online)

50 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheeler-v-metropolitan-st-railway-co-nyappdiv-1898.