Palmer v. Barker
Supreme Judicial Court of Maine
This was an action of trespass, in which the defendant was charged with killing the plaintiff’s horse, by running against him "with his, the defendant’s wagon, and thrusting a shaft of the wagon jnt0 tjie horse’s breast. A verdict was returned for the plaintiff; whereupon the defendant moved for a new trial, on the ground that the verdict was against evidence and the weight of evidence.
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This was an action of trespass, in which the defendant was charged with killing the plaintiff’s horse, by running against him "with his, the defendant’s wagon, and thrusting a shaft of the wagon jnt0 tjie horse’s breast. A verdict was returned for the plaintiff; whereupon the defendant moved for a new trial, on the ground that the verdict was against evidence and the weight of evidence. The substance of the facts are clearly stated in the opinion of the Court. endeavored to show that the verdict was against the weight of evidence, and also contended, that the statute did not apply to a case…
1Opinion of the Court
Mellen C. J.
—'This is a motion for a new trial, on the ground that the verdict is against evidence and the weight of evidence. The evidence was in some respects contradictory; though the most substantial facts seem to have been perfectly established. A Court of law is not in the habit of setting aside verdicts on such *339ground, except in those cases where it is plain that the jury have drawn conclusions unauthorised by the proof. Whether they have so done in any particular case is often a question of difficulty, and one which should be examined with care and decided with caution. In the case…
2Cited by10 opinions
- State v. MarshallSupreme Judicial Court of Maine · 1982
- Eastern Contractors, Inc. v. ZinkandCourt of Appeals of Maryland · 1988
- Cupples Mercantile Co. v. BowIdaho Supreme Court · 1920
- Maine Merchants Association, Inc. v. CampbellSupreme Judicial Court of Maine · 1972
- Newman v. ErnstSuperior Court of Buffalo · 1890
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