Tatum v. Tatum
New York Supreme Court
Motion to set aside a verdict..
1Opinion of the CourtCease, J.
A motion has been made to set aside the verdict of the jury in favor of the defendant on the ground that it was contrary to the weight of evidence.
The action of a jury in a case like this should not be lightly treated nor readily set aside. Before such a step is taken there should be very good and sufficient reasons. The questions of fact have been submitted to the jury for trial and not to the court, and the jurors are so completely the judges of the facts that it would be improper for the court to express an opinion upon them, or in any manner to intimate what the finding should be.
So…
2Cases cited4 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Smith v. SmithNew York Supreme Court · 1895
- Franklin Coal Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1899
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Cohen v. RichardsNew York Supreme Court · 1932
- Devonshire v. Stubbs, New York County Courts1930