Schlesinger v. Malloy

This case was submitted to the jury on conflicting evidence, and they found for the defendant. While the evidence given preponderated in favor of the plaintiff to such an extent, that, had I been at liberty to substitute my judgment for that of the jury, I would have felt obliged to direct a verdict for the plaintiff, yet the circumstance that the jury took a different view of the evidence, and decided the question of credibility in their own way, does not necessarily make their verdict erroneous. The policy of our law tends to make the jury the sole arbiters of conflicting evidence (Proffatt…