Majority
p. 104H. F. Booth et al., Resp’ts, v. Albert B. Simpson et al., App’lts. (New York Common Pleas, General Term, Filed March 7, 1892.)
Headnote
Appeal—Judgment.Where the question litigated was one of fact and the judgment was rendered on a conflict of evidence the appellate court will not reverse unless the evidence so greatly preponderated in favor of the appellant that its disregard amounted to a perversion of justice.
Appellants’ motion for reargument of appeal.
W. F. Gleason, for motion; T. G. O Reilly, opposed.
The question litigated in the court below was one of fact and the judgment appealed, from was rendered upon
p. 105
a conflict of evidence. In such a case this court will not reverse unless the evidence so greatly preponderated in favor of the appellant that its disregard amounted to a perversion of justice. Upon an examination of the record we cannot say that injustice has been done the appellants and this motion must therefore be denied.
Motion denied, with ten dollars costs.
Daly, Ch. J., Bischoff and Pryor, JJ., concur.