Armstrong v. Svoboda

CONLEY, J. *

The plaintiff sued the defendant doctor for malpractice, claiming permanent injuries by reason of negligence in the treatment of his heart condition. The jury’s verdict was for the defendant. But plaintiff’s motion for a new trial was granted on the ground of the insufficiency of the evidence to justify the verdict and the defendant appealed.

Under our system, the final check on a jury’s findings of fact, when there is a substantial conflict of evidence, is committed to the trial judge. In a homely phrase, which is accurate in connotation, it is often said that it is his duty on…