O'Keeffe v. O'Keeffe

Order setting aside verdict and granting new trial unanimously affirmed, without costs. There is no question as to the power and duty of a trial judge to set aside a verdict which is contrary to the evidence. He has his responsibilities, as well as the jury; he is more than a mere figurehead or umpire between the parties. And this trial justice fully appreciated the importance of this verdict to the defendant in this particular case as evidenced from his remarks in granting plaintiff’s motion for a new trial. Nevertheless he said, after seeing the witnesses, after listening to defendant’s…