Appellate Division of the Supreme Court of New York, 1917

Willner v. Jansen

Willner v. Jansen
Appellate Division of the Supreme Court of New York · Decided December 15, 1917
181 A.D. 952
Willner v. Jansen

Opinion of the Court

We think that on this record the verdict is contrary to the evidence; the only basis for an inference of defendant’s negligence is the story that plaintiff was carried *953from 100 feet to half a block, hanging unconscious on the bumper of defendant’s automobile, without the knowledge of defendant; improbable in itself, and utterly inconsistent with the reasonable and natural account of the occurrence given by defendant’s witnesses, two at least of whom were disinterested. We cannot approve methods of cross-examination, examples of which are to be found at folios 210, 225 and 270 of the record, nor can or should we exclude such matters from consideration when exercising our discretionary power to order a new trial in the interests of justice. Judgment and order reversed on the law and facts, and a new trial granted, costs to abide the event. Jenks, P. J., Thomas, Stapleton, Rich and Blackmar, JJ., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.