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New York Supreme Court, 1875

Bailey v. Park

Bailey v. Park
New York Supreme Court · Decided June 15, 1875 · Gilbert, Mullin, Smith
12 N.Y. Sup. Ct. 41

Counsel

D. F. Qott, for the appellant., Jjymcm c& James, for the respondent.

Bailey v. Park

Opinion of the Court

E. DaewiN SMITH, J. :

It seems to be the settled rule that where the court grants a new trial on the ground that the verdict is against the evidence, it can only be ordered on the payment of costs. ( Ward v. Woodburn, 27 Barb., 346; North v. Sergeant, 14 Abb., 226; S. C., 33 Barb., 352; East River Bank v. Hoyt, 22 How., 480.)

In the case of Boyer v. Brown (noted in 4 N. Y. S. C., 698), the verdict was set aside by the county judge, on the ground that *42the verdict was against the evidence and the law as laid down by the court.

The order should be modified by striking out the words, “ with costs to abide the event,” and the words substituted, “upon the payment of costs,” and as so amended affirmed.

Present — MulliN, P. J., Smith and Gilbert, JJ.

Ordered accordingly.

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