MANN v. HUNT


283 A.D. 140 (1953)

Anna Mann, Respondent, v. James E. Hunt, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1953.


Attorney(s) appearing for the Case

Gerald W. O'Connor, John A. Murray and Earl S. Jones, Jr., for appellant.

Henry H. Koblintz for respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.


BERGAN, J.

The jury's verdict in this negligence case was for the defendant; but the judge was of opinion the verdict was against the weight of evidence and set it aside. The semantic problem that adheres to the expression "against the weight of evidence" has never been given an entirely successful solution. It involves essentially a matter of judgment and appraisal with the standards stemming back deep in the soil of the experience of the profession...

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