Burrows v. Atlas Steamship Co. — 46 N.Y. St. Rep. 533

Majority

p. 533

George R. Burrows, App’lt, v. The Atlas Steamship Co., Limited, Resp’t.

(New York Superior Court, General Term,

Filed May 2, 1892.)

Headnote

Trial—Requests to direct verdict.

Where both parties ask for a direction of a verdict, this gives the court the office of the jury, and where the evidence is not conclusively in favor of the plaintiff a finding for defendant will not be disturbed.

Appeal by plaintiff from judgment entered upon verdict of jury and from order denying motion for new trial made upon the minutes.

James W. Treadwell, for app’lt; Edwin T. Rice, for resp’t.

There were no errors of law made during the course of the trial. At the end of the testimony each side asked that a verdict be directed in its favor. This gave 'to the judge the office of the jury. The evidence was not conclusively in favor of the plaintiff and the finding of the judge for the defendant was final.

Judgment and order from affirmed, with costs.

Sedgwick, Ch. J., and McAdam, J., concur.