Hart v. Wilder — 59 N.Y. Super. Ct. 582

Majority

p. 582

Samuel S. Hart, Appellant v. James W. Wilder, et al., Respondents.

Decided March 9, 1891.

Headnote

Appeal from a judgment dismissing the complaint oa the -merits entered upon the findings and decision of a; judge on a trial at special term before the court withouha jury.

Cephas Brainerd, Jr., for appellant.

Isaac S. Catlin,for respondents.

Before Sedgwick, Ch. J., and Dugro J.

The question involved was as‘ to the sufficiency of the evidence to sustain plaintiff’s cause of action. The Court (per- Curiam) held, that as the trial judge had superior opportunities for the determination of serious doubt upon conflicting evidence some deference should be accorded to-it, and that such deference sufficed to impel an affirmance of the judgment, and affirmed the judgment, with costs. -