Hyperlawhypertext legal database Sherwood v. Mercantile Mutual Insurance 12 N.Y. Sup. Ct. 115

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Sherwood v. Mercantile Mutual Insurance

12 N.Y. Sup. Ct. 115 Court N.Y. Sup. Ct. English

Judges Present — MulliN, P. J., Smith' and Gilbert, JJ.

Delivered by Gilbert, J.

Contents

Majority

p. 115
GATES SHERWOOD and others, Executors, etc., Appellants, v. THE MERCANTILE MUTUAL INSURANCE COMPANY, Respondent.

Headnote

When v&rdiat may not he directed by the eowrt— conflict of evidence.
The court is not authorized to direct the jury to find a verdict for a party, when there is a conflict in the evidence, or a dispute about the facts, unless there is such a preponderance of evidence on one side that a verdict. to the contrary would be set aside as being against evidence. (Stone v. Flower, 47 ST. Y., 566; 3 Wait’s Pr., 181, 182.)
Whether there be any evidence is for.the court; whether there be sufficient evidence is for the jury. (Anderson v. Moriee, L. R. [10 C. P.], 58.)
p. 116
Appeal by the plaintiffs from an order denying a new trial.
F. Porter, for appellant. George B. Hubbard, for respondent.

Opinion by

Present — MulliN, P. J., Smith' and Gilbert, JJ.

Order reversed and a new trial granted, with costs to abide the event.