88 N.Y.S. 370
Appellate Terms of the Supreme Court of New York
Decided May 19, 1904
Appellate Terms of the Supreme Court of New York · decided 1904-05-19
<p>1. Trial—Directing Verdict.</p> <p>Though the evidence would have justified setting aside a verdict for plaintiff, had one been rendered, as being against the weight of evidence, there being some contradictory evidence, it was error to direct a verdict for defendant</p> <p>V1. See Trial, vol. 46, Cent. Dig. § 383.</p>
Relies on McDonald v. Metropolitan Street Railway Co.
Decided 1904-05-19
¶1If 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.
¶2Judgment and order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.