Legal Opinion

Kelley v. Woodward

Supreme Court of New Hampshire

Decided August 5, 1877PublishedCited by 3 opinions

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

  1. Hill v. Town of New HavenSupreme Court of Vermont · 1865

3Cited by3 opinions

  1. Hovey v. BrownSupreme Court of New Hampshire · 1879
  2. Pitman v. MauranSupreme Court of New Hampshire · 1897
  3. Little v. UphamSupreme Court of New Hampshire · 1886