Supreme Court of New Hampshire Carroll.
Decided August, 1877.
Whether a verdict is against the evidence is a question of fact, to be decided at the trial term.
TRESPASS. The defendant excepted to the refusal of the judge at the trial term to set aside a verdict for the plaintiff, as being against the evidence.
Copeland and Eaton (of Maine), for the plaintiff.
Hastings, F. Hobbs, and Eastman, for the defendant.
FOSTER, J.
The question whether a verdict is contrary to the evidence is a question of fact, to be decided by the judge presiding at the trial. Fuller v. Bailey, ante, p. 71; Lefavor v. Smith, ante, p. 125; Hill v. New Haven, 37 Vt. 501, 512; Clark v. Congregational Society, 45 N.H. 338, 334.
Exception overruled.
ALLEN, J., did not sit.
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