New York Court of Appeals

Ellis R. Williams, Appellant v. the Delaware, Lackawanna and Western Railroad Company, Respondent

March 1, 1898155 N.Y. 158

Summary

The New York Court of Appeals reversed the trial court's grant of nonsuit, holding that the credibility of the plaintiff's testimony is a question for the jury and that the trial court may not treat the plaintiff's changed testimony as untrue as a matter of law. Accordingly, a new trial was ordered.