Superior Court of New York, 1893

Roth v. Dry Dock, East Broadway & Battery Railroad

Roth v. Dry Dock, East Broadway & Battery Railroad
Superior Court of New York · Decided December 29, 1893 · Freedman
26 N.Y.S. 1134 (New York Supplement)

Counsel

J. M. Scribner, for appellant., M. J. Katz, for respondent.

Roth v. Dry Dock, East Broadway & Battery Railroad

Opinion of the Court

FREEDMAN, J.

There was no error In the refusal of the trial Judge to dismiss the complaint, or to direct a verdict in favor of the defendant. Upon all the facts disclosed, the case was clearly one for the jury, and, upon due examination, we cannot say that the verdict which was rendered in favor of the plaintiff is contrary to the evidence, or against the weight of the evidence, or excessive in amount. The defendant’s exceptions are clearly untenable. The judgment and order should be affirmed, with costs.

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