Northern Terminals, Inc. v. Smith Grocery & Variety, Inc.

Plaintiff appeals from a judgment of the superior court entered on a jury verdict that granted defendant $44,944.00 in damages on its counterclaim. We affirm.

On appeal from a jury verdict the Court is obliged to construe the evidence in the light most favorable to the prevailing party, defendant here, without regard to modifying evidence, for it is implicit in a jury verdict in favor of one party that the jury believed, or at least attached greater significance to, the evidence supporting that party’s contentions. Giroux v. Lussier, 127 Vt. 520, 522, 258 A.2d 151, 153 (1969). Viewing the…