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Bernardo v. New York Edison Co.

147 N.Y.S. 578 Court N.Y. App. Div. Decision date 1914-05-15 Docket No. 5762 English

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p. 578
BERNARDO v. NEW YORK EDISON CO.
(No. 5762.)
(Supreme Court, Appellate Division, First Department.
May 15, 1914.)

Headnote

Appeal and Error (§ 1003[1] )—Review op Evidence.
Where the verdict rendered is clearly against the weight of the evidence, the Appellate Division will order a new trial.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3938-3943; Dec. Dig. § 1003.*]
Appeal from Trial Term, New York County.
Action by John Bernardo, Jr., an infant, etc., against the New York Edison Company. From a judgment for plaintiff, and from an or
p. 579
der denying a motion for a new trial, defendant appeals,
Reversed, and new trial ordered.
Argued before INGRAHAM, P. J., and McLAUGHLIN, CLARKE, SCOTT, and HOTCHKISS, JJ.
Thomas H. Beardsley, of New York City, for appellant.
Arthur J. Levine, of New York City, for respondent.

We think the verdict was clearly against the weight of evidence, and therefore there must be a new trial. The judgment and order appealed from are reversed, and a new trial ordered, with costs to the appellant to abide the event.