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Wagner v. Einhorn

88 N.Y.S. 370 Court N.Y. App. Term Decision date 1904-05-19 English

Delivered by SCOTT, J.

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p. 370
WAGNER v. EINHORN.
(Supreme Court, Appellate Term.
May 19, 1904.)

Headnote

1. Trial—Directing Verdict.
Though the evidence would have justified setting aside a verdict for plaintiff, had one been rendered, as being against the weight of evidence, there being some contradictory evidence, it was error to direct a verdict for defendant
V1. See Trial, vol. 46, Cent. Dig. § 383.
p. 371
Appeal from City Court of New York, Trial Term.
Action by Otto Wagner against Hattie Einhorn From a judgment directed for defendant, plaintiff appeals. Reversed.
Argued before FREEDMAN, P. J., and TRUAX and SCOTT, JJ.
Epstein Bros., for appellant.
Engel, Engel & Oppenheimer, for respondent.

If the cause had been submitted to the jury and a verplaintiff, court setting it aside as against the evidence. There was, however, some contradictory evidence in the case, and the direction of a verdict was consequently improper. McDonald v. Met. St. Ry. Co., 167 N. Y. 66 , 60 N. E. 282 .

Judgment and order reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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