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Sprague v. Buell

256 A.D. 893 Court N.Y. App. Div. Decision date 1939-01-11 English

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p. 893
Betty Sprague, Appellant, v. Kenneth Buell, Respondent.

Judgment and orders affirmed, with costs. Memorandum: The evidence presented questions of fact. The testimony offered by the defendant was neither incredible nor insufficient as a matter of law. Under these circumstances the finding of the jury is conclusive. (Meyers v. Hines, 199 App. Div. 594 , 596.) We find no reversible error either in the submission of the case to the jury or in the denial of the motions for new trials on the ground of newly-discovered evidence. All concur. (The judgment is for defendant in an automobile negligence action. One order denies a motion for a new trial on the minutes, and the other order denies a motion for a new trial on the ground of newly-discovered evidence.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.