Appellate Terms of the Supreme Court of New York, 1904

Berliner. v. Interurban Street Railway Co.

Berliner. v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York · Decided March 24, 1904 · Blanchard
87 N.Y.S. 455 (New York Supplement)

Counsel

Bayard H. Ames and F. Angelo Gaynor, for appellant., George H. Epstein, for respondent.

Berliner. v. Interurban Street Railway Co.

Opinion of the Court

BLANCHARD, J.

The defendant asks a reversal of the judgment on the ground that the verdict of the jury was contrary to the weight of evidence. A reading of detached portions of the testimony may lead to that conclusion, but a careful reading of all the testimony discloses a conflict of evidence which was peculiarly for the jury to pass upon. The questions at issue were fairly presented to the jury in the charge of the court, and without exception, and I see no sufficient reason to reverse the judgment. .

The judgment and order denying the motion for a new trial must be affirmed, with costs. All concur.

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