Joyner v. McMurphy

The principal insistence of error is the refusal of the trial court to set aside the verdict of the jury and to grant plaintiff a new trial.

The issues in the case were simple and fairly put to the jury. The testimony on these issues was in direct conflict. There is no evidence of prejudice, passion, or other improper influence entering into the trial; nor can it be said that the evidence is overwhelmingly the one way or the other. Where this is the case and the trial judge who heard the case had all the parties before him and observed their demeanor and manner of testifying refuses to grant…