Macfarlane v. Lowell

Opinion of the Court, by

Frear, J.

This case comes up on exceptions from the Circuit Court, Eirst Circuit, to an order granting a new trial on the ground that the verdict, which was for the defendant, was against the weight of the evidence.

The question presented to us is not precisely that presented to the trial judge on the motion for a new trial, but rather whether that judge exercised a sound judicial discretion in granting the motion. This is the rule where the motion is not founded upon errors of law. The trial judge is in a much better position than we are to say whether the verdict is in…