Hyperlawhypertext legal database Perry v. Hudson & M. R. 140 N.Y.S. 1140

← Cases

Perry v. Hudson & M. R.

140 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1913-04-04 English

Contents

Majority

p. 1140
PERRY v. HUDSON & M. R. CO.
(Supreme Court, Appellate Division, First Department.
April 4, 1913.)

Headnote

Appeal from Trial Term, New York County. Action by Mary Perry against the Hudson & Manhattan Railroad Company. From an order setting aside a verdict and granting a motion for a new trial .for newly discovered evidence (77 Mise. Rep. 646, 138 N. Y. Supp. 547 ), plaintiff appeals. Reversed, and verdict reinstated. John J. Welsh, of Brooklyn, for appellant. Walter L. Glenney, of New York City, for respondent.

The evidence upon which this motion was made fails to state any newly discovered evidence which would justify the court in setting aside the verdict and granting a new trial. The order appealed from is therefore reversed, with $10 costs and disbursements, and the verdict reinstated.