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Bauduy v. Mail & Express Co.

145 N.Y.S. 719 Court N.Y. App. Div. Decision date 1914-02-06 English

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p. 719
BAUDUY v. MAIL & EXPRESS CO.
(Supreme Court, Appellate Division, First Department.
February 6, 1914.)

Headnote

Appeal and Ebbob (§ 1003*)—Review—Verdicts. A judgment, based on a verdict clearly against the evidence, cannot be sustained on appeal.
[Ed. Note.—For other cases, see Appeal and Error, Gent. Dig. §§ 3938-3943; Dec. Dig. § 1003.*]
Appeal from Trial Term, New York County.
Action by Leonye Violet Bauduy against the Mail & Express Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Reversed and remanded.
See, also, 157 App. Div. 921 , 142 N. Y. Supp. 1108 .
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGHLIN, DOWLING, and HOTCHKISS, JJ.
Charles S. Mackenzie, of New York City, for appellant.
Ralph B. Ittelson, of New York City, for respondent.

The defendant pleaded justification. In view of the evidence adduced in support of this defense, the verdict was clearly against the evidence. On this ground the judgment and order should be reversed and a new trial ordered, with costs to appellant to abide the event.