Wilson v. Dibble
Supreme Court of Florida
Appeal from the Circuit Court, Fourth Judicial Circuit, Duval county. Wilson sued Dibble and complained that defendant was indebted to him for cedar logs sold and delivered, for which defendant agreed to pay him fifty cents per cubit foot at Florida measure, or sixty cents per foot at New York measurement. That there were delivered 4,2621-6 feet, New York measurement, at 60 cents per foot, amounting to $2,557.8]}. Plea, payment before suit.
Read the full summary
Appeal from the Circuit Court, Fourth Judicial Circuit, Duval county. Wilson sued Dibble and complained that defendant was indebted to him for cedar logs sold and delivered, for which defendant agreed to pay him fifty cents per cubit foot at Florida measure, or sixty cents per foot at New York measurement. That there were delivered 4,2621-6 feet, New York measurement, at 60 cents per foot, amounting to $2,557.8]}. Plea, payment before suit. The cause was tried in November, 1869, and a verdict rendered for plaintiff for $444.62. Upon defendant’s motion a new trial was granted upon the ground…
1Opinion of the CourtRandall, C. J.
It is generally with great reluctance that courts set aside the verdict of a jury upon-a consideration of .the testimony alono; and a second verdict upon the same facts, although the judges may have come to a different, conclusion, is too strongly fortified by the deliberate judgment of twenty-four men, to be disturbed except.for strong reasons.
Where a verdict is so palpably against evidence or against a very strong preponderance of evidence that great injustice seems to have been done, leading to the conclusion that the verdict was the result of prejudices or excitement or other *50improper…
2Cited by10 opinions
- McSwain v. HowellSupreme Court of Florida · 1892
- Atlantic Coast Line Railroad v. WhitneySupreme Court of Florida · 1913
- McMurray v. BasnettSupreme Court of Florida · 1882
- Leaptrot v. StateSupreme Court of Florida · 1906
- Nickels v. MooringSupreme Court of Florida · 1877
5 more not listed; retrieve them via the Exa API.