Crassley v. McArdle — 56 N.Y. St. Rep. 396

Majority

p. 396

Herman Crassley, Resp’t, v. Patrick J. McArdle, App’lt.

(Supreme Court, General Term, Third Department,

Filed December, 1893.)

Headnote

Appeal—Conflict of evidence.

In case of a conflict of evidence, the verdict will not he set aside, if the preponderance is not so great as to indicate that the finding of the jury against the appellant was brought about by passion, prejudice or corruption.

Appeal from judgment entered upon a verdict in favor of the plaintiff.

Countryman & BuBois (P'. JS. BuBois, of counsel), for app’lt; O'Brien & Addington (Qeorge Addington, of counsel), for resp’t

I have carefully read the testimony in this case, and while the preponderance of the evidence seems to be in favor of the defendant, still when it is considered that the jury had the witnesses before them to observe their appearance, and the man-1 ner of giving of their testimony, that preponderance is not so . great as to indicate that the finding of the jury against the defendant was brought about by passion, prejudice or corruption.

There was a conflict of evidence, and it was for the jury to determine where the truth was.

The exceptions taken during the progress of the, trial are not sufficiently important to cause a reversal of the judgment.

The judgment should be affirmed, with costs, there being no occasion for an opinion.

Mayham, P. J., and Putnam, J., concur.