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Fay v. Manhattan Railway Co.

38 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1896-03-20 English

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p. 1143
FAY, Respondent, v. MANHATTAN RY. CO. et al.. Appellants.
(Supreme Court, Appellate Division, First Department.
March 20, 1896.)

Headnote

Action by Patrick H. Fay against the Manhattan Railway Company and another. Brainard Tolies, for appellants. E. W. Tyler, for respondent.

We are all of opinion that the evidence in this case is entirely insufficient to sustain the decision and judgment. A new trial must be awarded, because the evidence is not of such a character as would justify a modification The weight of evidence is so greatly in favor of the defendants that we must either dismiss the complaint or award a new trial. As the plaintiff may be able to make out a stronger case upon another hearing, the latter course should be adopted. The judgment will therefore be reversed, and a new trial ordered, with costs to the appellants to abide the event.