148 N.Y.S. 180 | N.Y. App. Term. | 1914
The verdict was set aside apparently as against the weight of evidence. While in this respect we would naturally hesitate to disturb the view of the trial judge, nevertheless, it must be said that the record does not disclose any salient reason for setting aside the conclusion arrived at by the jury.
The order must, however, be reversed for a different reason. The record shows that after the jury had rendered its verdict defendant made the usual motion to set it aside and the court said; “ I will not at this
Order reversed, verdict and judgment reinstated, with costs of the appeal to appellant.
Seabury and Page, JJ., concur.
Order reversed, verdict and judgment reinstated, with costs..