¶1On a former appeal taken by defendants this court reversed the judgment (120 App. Div. 400), on the ground that the verdict of the jury in plaintiff’s favor was against the weight of evidence. On the new trial granted by such reversal the defendants obtained a verdict in their favor,, and the plaintiff now appeals. While there is some change in the evidence, the facts, as well as the credibility of the witnesses, were for the jury to determine. There is no' such preponderance of evidence in favor of the plaintiff as authorizes us to interfere with the present verdict. The judgment and order must, therefore, be affirmed, with costs. Ingraham, McLaughlin and Laughlin, JJ.,' concurred; Patterson, P. J., dissented. Judgment and order affirmed, with costs.
124 A.D. 919
Gelderman v. Curtis
Appellate Division of the Supreme Court of the State of New York
Decided February 15, 1908
Appellate Division of the Supreme Court of the State of New York · decided 1908-02-15
Appeal by the plaintiff from a judgment of the Suprem'e Court, entered in the clerk’s office of the county of New York on the 22d day of October, 1907, on a verdict in favor of defendants; and also from an order entered in said clerk’s office on the 21st day of October, 1907, denying plaintiff’s motion for a new trial.
Decided 1908-02-15