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Balderman v. Metropolitan Street Railway Co.

84 N.Y.S. 1118 Court N.Y. App. Term Decision date 1903-11-06 English

Delivered by BLANCHARD, J.

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p. 1118
BALDERMAN, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
November 6, 1903.)

Headnote

Action by Emil Balderman against the Metropolitan Street Railway Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
H. A. Robinson (Arthur K. Wing and F. Angelo Gaynor, of counsel), for appellant. Droege & Schavrin, for respondent.

We do not think the verdict is grossly against the weight of evidence, nor even that it preponderates in favor of the defendant. The case was fairly submitted to the jury by the learned trial court, and the jury resolved the conflict in the evidence in favor of the plaintiff. As there is evidence to sustain the verdict, we do not think it should be disturbed. The judgment and order must be affirmed, with costs. All concur.