Boyer v. Lehigh Valley Railroad

Even if it be a matter of doubt whether the learned trial court based his order granting a new trial upon a review of the testimony presented at the instant trial, rather than upon the opinion of the Appellate Division rendered after the first trial^[1] (See Ougel v. Hiscox, 216 N. Y. 145 ), we reach the conclusion that the verdict now under review is so clearly against the weight of the evidence^[2] that the order appealed from should be affirmed. All concur. Order affirmed, with costs.