Wagner v. Einhorn

Appellate Terms of the Supreme Court of New York

Wagner v. Einhorn

88 N.Y.S. 370

Appellate Terms of the Supreme Court of New York·Decided May 19, 1904·Published

Opinion

SCOTT, J.

If the cause had been submitted to the jury and a verplaintiff, court setting it aside as against the evidence. There was, however, some contradictory evidence in the case, and the direction of a verdict was consequently improper. McDonald v. Met. St. Ry. Co., 167 N. Y. 66, 60 N. E. 282.

Judgment and order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, J.

If the cause had been submitted to the jury and a verplaintiff, court setting it aside as against the evidence. There was, however, some contradictory evidence in the case, and the direction of a verdict was consequently improper. McDonald v. Met. St. Ry. Co., 167 N. Y. 66, 60 N. E. 282.

Judgment and order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

Wagner v. Einhorn, 88 N.Y.S. 370 (N.Y. Ct. App. 1904).

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Opinion

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