Savage v. Faulhaber — 70 N.Y. St. Rep. 265

Majority

p. 265

Harvey H. Savage, by Guardian, etc., Resp’t, v. William D. Faulhaber, App’lt.

(Supreme Court, General Term, First Department,

Filed November 15, 1895.)

Headnote

Appeal—Sufficiency of evidence.

Where the testimony shows that every fact, which it was necessary for the plaintiff to prove to justify a favorable inference of the jury, was established, the judgment appealed from will be affirmed.

Appeal from a judgment, rendered on a verdict in favor of plaintiff.

Louis Wendel, Jr, for app’lt; James H. Laird, for resp’t.

At the close of plaintiff’s case, defendant moved to dismiss upon two grounds, which in different forms presented the question as to whether the plaintiff had established his cause of action. The motion having been denied, defendant excepted, and, as no testimony was offered in his behalf, and the case went to the jury on the testimony for the plaintiff, and upon their rendering a verdict, no motion.having been made for a new trial, the single question before us on this appeal is as to whether the plaintiff had made out a prima facie case. An examination of such testimony will show that every fact which it was necessary for the plaintiff to prove to justify a favorable inference of the jury was-established, and as it is not the province of this court to disturb a verdict which is fully supported, it follows that judgment appealed from should be affirmed, with costs.