Meylink v. Minnehaha Cooperative Oil Co.

Trial of this case resulted in a verdict for plaintiff which was set aside by the learned trial court upon motion for judgment notwithstanding the verdict. Upon appeal this court directed the reinstatement of that verdict. 66 S. D. 351, 283 N. W. 161. After judgment was en tered, defendant made a motion for a new trial based upon specifications of insufficiency of the evidence to support the verdict. The present appeal is from the order denying a new trial.

The contention now made is that we should review the evidence as a whole under the rule of Drew v. Lawrence, 37 S. D. 620, 159 N. W. 274,…