Summary
In Colt v. Sixth Avenue R.R. Co. (49 N.Y. 671) it is said in the head note that it is not enough to justify a nonsuit if the court, in the exercise of its discretion, might grant a new trial. It is only where there is no evidence in law, which, if believed, will sustain a verdict, that the court is called upon to nonsuit; and the evidence may be sufficient in law to sustain a verdict, although so greatly against the apparent weight of evidence as to justify the granting of a new trial.
Summary of this case from McDonald v. Metropolitan Street R. Co.Opinion
Argued May 1, 1872
Decided May 21, 1872
James M. Smith for the appellant.
G.M. Speir for the respondent.
ALLEN, J., reads opinion for affirmance.
All concur, except RAPALLO, J., not voting.
Judgment affirmed, with costs.