Toth v. Perry

A motion to set aside the verdict was based upon the contention that upon the law and the evidence, the plaintiff was guilty of contributory negligence, and the ruling of the trial court upon that claim is the only matter now sought to be reviewed. Such review requires us to give the evidence the most favorable construction in support of the verdict of which it is reasonably capable. It is at once apparent that there is much that is contradictory in the testimony given by the witnesses upon some important features of the case, and it is necessary to bear in mind that the question of…