Flege v. State

I think that the majority opinion gives altogether too much consideration to the fact that there have been three jury trials and three verdicts against the defendant. It is said that the rule to be enforced is: “If a case has been tried three times, the verdict each time being in favor of plaintiff, this court will not set aside the last -verdict as being against the weight of the evidence, unless the evidence is clearly insufficient to support the verdict.” *597Souchek v. Karr, 83 Neb. 649. But the settled rule of this court is that a verdict will not be set aside because of insufficiency of the…