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General Tire Repair Co. v. Brande

159 N.Y.S. 826 Court Argued June term, 1916, Decision date 1916-06-26 English

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p. 826
GENERAL TIRE REPAIR CO. v. BRANDE.
(Supreme Court, Appellate Term, First Department.
June 26, 1916.)

Headnote

Appeal and Error @=1003—Decision Not Supported by Evidence.
Where a judgment is entirely against the weight of evidence, it must be reversed, although it will be affirmed where there is evidence sufficient to sustain it.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3938-3943; Dec. Dig. @=1003.]
@=For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
Appeal from Municipal Court, Borough of the Bronx, Second District.
Action by the General Tire Repair Company against James E.
p. 827
Brande. From a judgment for defendant in Municipal Court, plaintiff appeals. Reversed, and new trial ordered.
Argued June term, 1916,
before GUY, BIJUR, and PHILBIN, JJ.
Bernard J. Isecke, of New York City, for appellant.
Braude & Weber, of New York City (Joseph Weber, of New York City, of counsel), for respondent.

While very reluctant to interfere with the determination of a question of fact by a trial court, where there is evidence sufficient to sustain it, the judgment herein is so entirely against the weight of evidence as to make a reversal necessary.

Judgment reversed, and new trial ordered, with $30 costs to appellant to abide the event.