Steinle v. Kester

The first ground is that the verdict of the jury was contrary to the weight of the evidence. > ■

This is not made one of the grounds of error in the petition in error. An examination of the motion for a new trial filed in the lower court also discloses that the weight of the evidence was not made a ground of error in the lower court.

Notwithstanding this state of the record, we have examined the testimony and upon such examination are clearly of opinion that a reviewing court would not be justified in disturbing the verdict on the ground tha-t the same is against the manifest weight of the…