New York Supreme Court November 15, 1888 (Sackett v. Breen)

Hardin, P. J., (after stating the facts.)

1. Inasmuch as the case contains all the evidence taken at the trial,- and there is an appeal from the order denying the motion for a new trial on the minutes, this court may review the evidence, and, if of the opinion that the verdict is against the weight of evidence, or was produced by passion or prejudice, set it aside. Code Civil Proc. § 999; Macy v.