Gilbert v. Desmarais

“The inquiry in such cases is, not whether the judge acting as a juror would or would not have come to the conclusion returned by the jury in their verdict, but whether reasonable men charged with the duty of finding facts from the evidence, under the court’s instructions as to the law applicable to the case, could come to that result.” Doody v. Railroad, 77 N. H. 161, 164; and cases cited. Although this inquiry is one of fact for the trial court, his decision thereon is not necessarily final. “Such a decision presents the question whether it could reasonably be made and may be set aside when…