Appellate Division of the Supreme Court of the State of New York November 15, 1900 (Berkery v. Erie Railroad)

McLennan, J. (dissenting):

I think the verdict of the jury in this case is so decidedly against the weight of evidence that it was error for the learned trial court to deny defendant’s motion for a new trial, made upon that ground, and that for such error the judgment and order appealed from should be reversed and a new trial granted.