Taylor v. Webster

First, counsel for the appellants contend that the Court of Appeals substituted its judgment for that of the jury and reversed the judgment below on the weight of the evidence, which it was not permitted to do because of the incomplete bill of exceptions presented to it. However, the bill of exceptions before the court contained enough of the evidenc submitted at the trial to show the management of the air gun by defendant, and the court found as a matter of law that such evidence was not sufficient to impose liability on her. Neither in the Court of Appeals opinion nor in its judgment entry…