Facey v. Merkle

The defendants’ basic assignment of error is that their motion to set aside the verdict for the plaintiff on the ground that it was against the evidence on the issue of liability should have been granted. This claim must he determined on the narrative of evidence. Nicholson Realty, Inc. v. Libby, 144 Conn. 555, 557, 135 A.2d 738; Practice Book § 448. The defendants also assign errors in certain rulings on evidence. These must be determined on the finding. Id. § 405; Maltbie, Conn. App. Proc., §$ 126, 147.

The facts material to the appeal which the evidence warranted the jury in finding will be…