Majority
p. 164(29 Misc. Rep. 636.) BAUER v. METROPOLITAN ST. R. CO. (Supreme Court, Appellate Term. November 29, 1899.) Argued before FREEDMAN, P. J., and MacLEAN and LEVEN-TRITT, J J.
Headnote
Appeal—Setting Verdict Aside as Against Evidence—Discretion of Court-An order setting aside the verdict as against the weight of evidence rests in the sound discretion of the court, and will not be disturbed unless the record shows an abuse of such discretion.Appeal from municipal court, borough of Manhattan, Seventh district.
Action by Frederick Bauer against the Metropolitan Street-Railway Company. From an order setting aside a verdict in favor of plaintiff, he appeals. Affirmed.
p. 165
Leon Huhner, for appellant.
Henry A. Robinson, for respondent.
After the rendition of a verdict in favor of the plaintiff herein, the trial judge, for reasons stated by him in his order, set aside the verdict, as being against the weight of evidence, and ordered a new trial. The question whether the verdict is against the weight of evidence is one, the determination of which rests in the‘sound discretion of the court. Luhrs v. Railroad Co., 11 App. Div. 173 , 42 N. Y. Supp. 606 . An examination of the record in the case at bar does not disclose such an abuse of this discretion as to warrant a reversal of the order made.
Order affirmed, with costs.
MacLEAN, J., concurs. LEVENTRITT, J. takes no part.