Westbrook v. Green Bus Lines, Inc.

Appellate Division of the Supreme Court of New York

Westbrook v. Green Bus Lines, Inc.

30 A.D.2d 959, 294 N.Y.S.2d 348, 1968 N.Y. App. Div. LEXIS 3068

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

DecidedOctober 29, 1968

StatusPublished

Cited by1 cases

This text of 30 A.D.2d 959 (Westbrook v. Green Bus Lines, Inc.) 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

Westbrook v. Green Bus Lines, Inc., 30 A.D.2d 959, 294 N.Y.S.2d 348, 1968 N.Y. App. Div. LEXIS 3068 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment setting aside jury verdict on issue of liability and granting judgment to defendant dismissing the complaint unanimously reversed on the law, without costs or disbursements, judgment vacated and a new trial [960]*960ordered on the issue of liability. A jury found in favor of plaintiff on the issue of liability in this automobile collision ease. We agree with Trial Term that this verdict was grossly against the weight of evidence and should have been set aside. However, it is quite clear that the complaint should not have been dismissed. This was not an instance where plaintiff’s evidence was so meager that in contemplation of law it could be said to be no evidence at all. Concur — Stevens, J. P., Steuer, Capozzoli, Tilzer and McNally, JJ.

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Judgment setting aside jury verdict on issue of liability and granting judgment to defendant dismissing the complaint unanimously reversed on the law, without costs or disbursements, judgment vacated and a new trial [960]*960ordered on the issue of liability. A jury found in favor of plaintiff on the issue of liability in this automobile collision ease. We agree with Trial Term that this verdict was grossly against the weight of evidence and should have been set aside. However, it is quite clear that the complaint should not have been dismissed. This was not an instance where plaintiff’s evidence was so meager that in contemplation of law it could be said to be no evidence at all. Concur — Stevens, J. P., Steuer, Capozzoli, Tilzer and McNally, JJ.

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Bluebook (online)

30 A.D.2d 959, 294 N.Y.S.2d 348, 1968 N.Y. App. Div. LEXIS 3068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westbrook-v-green-bus-lines-inc-nyappdiv-1968.

Opinion

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