# Bissell v. Sackett Wall Board Co.

> Appellate Division of the Supreme Court of the State of New York · November 15, 1905 · 109 A.D. 910

URL: https://www.frixlaw.com/law-library/cases/5197244

## Case

- **Full name:** Francis W. Bissell v. The. Sackett Wall Board Company
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 15, 1905
- **Citations:** 109 A.D. 910; 95 N.Y.S. 1114
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5197244

## Opinion text

Order affirmed, with costs. Held, that the order appealed from granting a new trial, stating no ground therefor, we assume that it was granted on.- the ground that the verdict was against the weight-of the evidence, or - the amount -thereof excessive, and this court will not interfere with the discretion thus exercised by .the trial- justice. All concurred, except Hiscock, J., who dissented upon the ground that, in the absence of a statement to- that effect in the order, it cannot be assumed that the new trial, was granted because the verdict was against the weight of the evidence or for excessive damages; that the order should not, therefore, be affirmed upon the theory that it was granted upon ope of those grounds, resting more or less in the discretion-of the .trial judge, and upon the facts in this case this court should not affirm the order because a new trial ought to have been granted upon one of said grounds.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5197244. Public record. Not legal advice.