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Bruce v. Brooklyn Heights Railroad

67 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1900-12-14 English

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p. 1129
BRUCE, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
December 14, 1900.)

Headnote

Action by Helen Bruce, as administratrix, against the Brooklyn Heights Railroad Company.

Order reversed, without costs. As there is an appeal here, not merely from the judgment, but from an order denying a motion for a new trial, we think it may bo important to the appellant to lay the testimony in the case before the appellate court in the precise form in which it was given by the witnesses, inasmuch as the court, on appeal, is called upon to determine whether the verdict is against the weight of evidence or not.