Kelley v. Woodward
Supreme Court of New Hampshire
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.
1Opinion of the CourtFoster, 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. 333, 334.
Exception overruled.
Allen, J., did not sit.
2Cases cited1 opinion
- Hill v. Town of New HavenSupreme Court of Vermont · 1865
3Cited by3 opinions
- Hovey v. BrownSupreme Court of New Hampshire · 1879
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Little v. UphamSupreme Court of New Hampshire · 1886