New York Supreme Court February 18, 1891 (Langlois v. Hayward)

Mayham, J.

The granting of a new trial upon the minutes of the court rests in the sound discretion of the trial judge, and his determination should not be interfered with on appeal, unless it is apparent that that discretion was abused or improperly exercised. Barrett v. Railroad Co., 45 N. Y. 628. We do not think that there was an abuse of that discretion in this case.