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Downs v. New York Central Railroad

1 Thomp. & Cook 20 Court N.Y. Gen. Term English

Delivered by Talcott, J.

Contents

Majority

p. 20
Downs v. New York Central Railroad Company, appellant.
Cox & Avery, for appellant.
McDonald & Bose, for respondent.

The court denied a new trial on the ground that the only substantial question raised was one of fact, and that question had been decided by a jury in favor of the plaintiff. The case had been tried and taken to the court of appeals which granted a new trial upon questions of law. The second trial was had upon the same evidence as the first. At both trials a verdict was given in favor of the plaintiff.

New trial denied.