New York Supreme Court, 1873

Downs v. New York Central Railroad

Downs v. New York Central Railroad
New York Supreme Court · Decided September 15, 1873 · Talcott
1 Thomp. & Cook 20

Counsel

Cox & Avery, for appellant., McDonald & Bose, for respondent.

Downs v. New York Central Railroad

Opinion of the Court

Talcott, J.

The court denied a new trial on the ground that the only substantial question raised was one of fact, and that question had been decided by a jury in favor of the plaintiff. The case had been tried and taken to the court of appeals which granted a new trial upon questions of law. The second trial was had upon the same evidence as the first. At both trials a verdict was given in favor of the plaintiff.

New trial denied.

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