Clifford L. Swan Co. v. Cook

This case came to this court on an exception to the refusal of the justice presiding in the trial court to direct a verdict for the defendant, and also a motion to this court to set aside the verdict which the jury found for the plaintiff.

In oral argument and in his brief defendant abandoned the exception. As to the motion, in his brief he relied on but two of its items.

1. The verdict is against the law.

2. Because it is manifestly against the evidence in this case.

In oral argument he consolidated the two, so that they really, became one, the first.

The facts are, that the defendant placed for…