Oklahoma City v. Drinkwater

It will be observed that the majority opinion of the court is based entirely upon its reference to a principle of law announced in Yarnell v. Kilgore, 15 Okl. 591, 82 P. 990, decided by the Supreme Court of the Territory of Oklahoma in 1905. In that case this court said:

“It is the duty of a trial court, where a motion for a new trial contains as one of the grounds therefor that the verdict is not supported by the evidence, to weigh the evidence and to either approve or disapprove the verdict, using its own reason and judgment in determining such matter; and if the verdict is such that its own…