Travers & Thomas v. Rupe

This is an action of contract to recover for labor and materials furnished in the construction of a building. Verdict and judgment for the plaintiffs..

The defendants made a motion to set aside the verdict on the ground that it was against the weight of the evidence. The motion was denied and an exception allowed the defendants to the ruling. The only question here presented is based on this exception.

That this is a discretionary ground is not questioned and see Russell v. Pilger, 113 Vt 537, 543, 37 A2d 403. The defendants claim that the lower court did not exercise its discretion in passing…