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Rudd v. Davis

7 Hill & Den. 529 Court N.Y. Sup. Ct. English

Contents

Majority

p. 529
Rudd and another vs. Davis.

Headnote

A nonsuit may be ordered at the trial after evidence has been given on both sides, if a verdict for the plaintiff would be. against the clear weight and effect of the evidence.
On error from the supreme court. For a report of the case in that court, see 3 Hill, 287 et seq. It was argued here by
C. O’Conor, for the plaintiffs in error, and
J L. Mason <Sf J. P. Hall, for the defendant in error.

delivered opinions concurring substantially with the view taken of the case by the supreme court. And

On the question being put, “ Shall this judgment be reversed ?” all the members present who heard the argument, thirteen in number, voted for affirming.

Judgment affirmed.