Hyperlawhypertext legal database Silvernail v. Metropolitan Street Railway Co. 84 N.Y.S. 1145

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Silvernail v. Metropolitan Street Railway Co.

84 N.Y.S. 1145 Court N.Y. App. Term Decision date 1903-11-18 English

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p. 1145
SILVERNAIL, Respondent, v. METROPOLITAN ST. RY. CO., Appellant.
(Supreme Court, Appellate Term.
November 18, 1903.)

Headnote

Action by Agnes Silvernail against the Metropolitan Street Railway Company. From an order setting aside a verdict and judgment for defendant, and granting a new trial to plaintiff on the ground of newly discovered evidence, defendant appeals.
Affirmed.
Henry A. Robinson (F. A. Gaynor, of counsel), for appellant.
Watts & Merrill, for respondent.

The order appealed from was made in the exercise of a sound discretion and in furtherance of justice, and upon the authority of Klinger v. Markowitz, 54 App. Div. 299 , 65 N. Y. Supp. 369 , 66 N. Y. Supp. 1135 , and Serwer v. Serwer, 71 App. Div. 415 , 75 N. Y. Supp. 842 , it must be affirmed, with costs and disbursements.