Ketcham v. Wilbur — 229 A.D. 746

Majority

p. 746

Fourth Department,

April, 1930.

Mary Doris Ketcham, an Infant, etc., Appellant., v. Fred B. Wilbur, as Executor, etc., of Mary B. Hand, Deceased, Respondent.

The complaint states a cause of action (Ketcham v. Wilbur, 241 N. Y. 516 ). Upon the first trial a judgment in favor of plaintiff was reversed on the ground that the verdict was against the weight of the evidence ( 222 App. Div. 788 ). A judgment based upon a directed verdict for defendant on the second trial was reversed on the ground that a prima facie case had been made out ( 225 App. Div. 719 ). On this appeal from the judgment [order setting aside verdict] resulting from the third trial we find sufficient evidence to sustain the verdict. (McKeon v. Van Slyck, 223 N. Y. 392 , 397, 398; Caldwell v. Lucas, 233 id. 248, 254.) The order appealed from should be reversed on the law and facts and the

p. 747

verdict reinstated, with costs to appellant. All concur. Present ■— Sears, P. J., Crouch, Taylor, Edgcomb and Crosby, JJ.

Cases cited

Ketcham v. Wilbur 241 N. Y. 516 N.Y. 1925-10-20 p. 746
McKeon v. Van Slyck 223 N. Y. 392 N.Y. 1918-05-14 at 397, 398 p. 746