Tinson v. Welch

By the Court, Monell, J.

We are asked to reverse the order in this case on the ground that the learned justice who tried the action, erred in setting aside the verdict.

The plaintiff had a verdict, and the motion was made by the defendant for a new trial upon the judge’s minutes, under section 264 of the Code. The motion was really upon the ground that the verdict was against the instructions of the court.

There are three grounds upon which the court may entertain a motion upon its minutes to set aside a verdict, and grant a new trial, namely: upon exceptions; for insufficient evidence; or for…