Appellate Division of the Supreme Court of New York, 1922

Yocus v. Southern Pacific Co.

Yocus v. Southern Pacific Co.
Appellate Division of the Supreme Court of New York · Decided December 15, 1922
204 A.D. 892; 197 N.Y.S. 958
Yocus v. Southern Pacific Co.

Opinion of the Court

Order setting aside verdict and granting new trial affirmed, with costs to respondent to abide the event. We affirm this order solely upon the ground that we will not interfere with the discretion of the trial judge in setting aside a verdict as against the weight of evidence, unless it is clearly erroneous. We do not affirm on the ground that there is no relation of cause and effect between the alleged negligence and the injury. Blaekmar, P. J., Kelly, Jaycox, Manning and Young, JJ., concur.

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