West v. Manhattan Railway Co.

Headnote

Motion for new trial on minutes upon several grounds, and granted without a designation of which grounds—Appeal-book not stating that it contains all the evidence.

Appeal from an order granting a motion for a new trial made upon the judge’s minutes.

The motion was made on the minutes to set aside the verdict, upon the exceptions, because the verdict was for excessive damages, because the verdict was contrary to the evidence, and because „the verdict was contrary to law. The court granted the motion without designating upon which of the grounds stated.

The Court, at General Term, said :—“ Taking. into consideration the fact that the trial judge had the witnesses before him, and had much better opportunity of judging the effect to be given to their testimony than the appellate court, we are npt disposed to interfere with the disposition of the motion made by him. The verdict was a large one, and, as it is not stated that the

case contains all the testimony taken at the trial, we cannot say that the trial judge was wrong.”