General

Thomas M. Tyng, Appellant, v. The United States Submarine and Torpedo Boat Company, Respondent

60 N.Y. 644·New York Court of Appeals·1875·NY

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Opinion

Thomas M. Tyng, Appellant, v. The United States Submarine and Torpedo Boat Company, Respondent. (Argued April 1, 1875; decided April 13, 1875.) Reported below, 1 Hun, 161. The prominent question presented was, that there was no evidence to sustain the findings of the referee. The .court held, that, although the evidence very decidedly preponderated in favor of plaintiff, yet there was some evidence, sufficient to make the questions those of fact, and therefore not reviewable here. As to the legal questions presented the court, without discussing them, simply concurred with Daniels, J., in court below. Thomas M. Tyng, appellant, in person. F. J. Fithian for the respondent. [MAJORITY — Allen, J.,] Allen, J., reads for affirmance. All concur. Judgment affirmed