
    Frederick Bauer, Appellant, v. The Metropolitan Street Railway Co., Respondent.
    (Supreme Court, Appellate Term,
    November, 1899.)
    Practice — The trial judge decides whether a verdict is against the weight of evidence.
    The question, whether a verdict is against the weight of evidence, is one which rests in the sound discretion of the trial judge, and his decision thereon must be accepted, on appeal, where no abuse of discretion is disclosed by the record.
    Appeal by t]ie plaintiff from an order setting aside the verdict in favor of the plaintiff, after a trial by jury, in the Municipal Court, seventh district, borough of Manhattan.
    Leon Huhner, for appellant.
    Henry A. Robinson, for respondent.
   Ereedmatt, P. J.

After the rendition of a verdict in favor of the plaintiff herein, the trial judge, for reasons stated by him in his order, set aside the verdict as being against the weight of evidence and ordered a new trial. The question whether the verdict is against the weight of evidence is one the determination of which rests in the sound discretion of the court. Luhrs v. Brooklyn Heights R. R. Co., 11 App. Div. 173; S. C., 42 N. Y. Supp. 606. An examination of the record in the case at bar does not disclose such an abuse of this discretion as to warrant a reversal of the order made.

MacLeatt, J., concurs; Levbhtritt, J., taking no part.

Order affirmed, with costs.  