Legal Opinion

Taylor v. Spaulding

Supreme Court of Minnesota

Decided May 12, 1887PublishedCited by 1 opinion

Appeal by plaintiff from an order of the district court for Le Sueur county, Macdonald, J., presiding, granting a new trial, after a verdict for plaintiff.

1Opinion of the Court

Gileillan, G. J.

The rule laid down in Hicks v. Stone, 13 Minn. 398, (434,) that, to justify us in reversing an order of the trial court granting a new trial on the ground that the verdict is not sustained by tbe evidence, we must feel satisfied that the preponderance of the evidence is manifestly and palpably in favor of the verdict, and followed in many cases since, disposes of this case. Upon reading over the evidence we cannot say that there is any preponderance in favor of the verdict.

Order affirmed.

2Cases cited1 opinion

  1. Wood v. CullenSupreme Court of Minnesota · 1868

3Cited by1 opinion

  1. Cable v. William ByrneSupreme Court of Minnesota · 1888