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Driscoll v. Hoard

153 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1915-05-12 English

Contents

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p. 1112
DRISCOLL, Appellant, v. HOARD, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
May 12, 1915.)

Headnote

Action by Mary A. Driscoll, as administratrix, etc., against Volney A. Hoard.

Judgment entered in favor of plaintiff vacated and set aside. Judgment and order appealed from reversed, and motion for new trial granted, with costs to the annellant to abide event. Held, that the evidence was-sufficient to make out a case for the jury; that the trial court properly decided that the verdict was against the weight of the evidence, and should have awarded a new trial, instead of granting the nonsuit after taking the verdict of the jury.