Marshall v. Morin
Supreme Court of New Hampshire
Assumpsit, trial by jury and verdict for the plaintiff for $8,144.67, which the court ordered set aside unless the plaintiff filed a remittitur in the sum of $5,870.13. The plaintiff refused to do so; and excepted to the order setting aside the verdict upon the ground that the action was properly submitted to the jury and that competent evidence was introduced by the plaintiff to sustain the verdict; and filed this bill of exceptions which was duly allowed by Kivel, C. J.,…
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Assumpsit, trial by jury and verdict for the plaintiff for $8,144.67, which the court ordered set aside unless the plaintiff filed a remittitur in the sum of $5,870.13. The plaintiff refused to do so; and excepted to the order setting aside the verdict upon the ground that the action was properly submitted to the jury and that competent evidence was introduced by the plaintiff to sustain the verdict; and filed this bill of exceptions which was duly allowed by Kivel, C. J., at the March term, 1918, of the superior court.
1Opinion of the CourtTarsons, C. J.
Assuming the grounds of exception assigned are well founded, that the action was properly submitted to the jury and that there was competent evidence tending to support the verdict, it does not follow that the presiding judge was in error in finding the verdict rendered was against the weight of the evidence.
Whether it was or not was a question of fact to be determined at the trial and as there was evidence tending to support the conclusion there reached, this court has no power to revise the finding. Nawn v. Railroad, 77 N. H. 299, 304, and cases cited in defendants’ brief. This court has no…
2Cases cited3 opinions
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- State v. WrenSupreme Court of New Hampshire · 1914
- Twombly v. LordSupreme Court of New Hampshire · 1907
3Cited by5 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Wisutskie v. MalouinSupreme Court of New Hampshire · 1936
- Morrill v. TilneySupreme Court of New Hampshire · 1986
- Cadorette v. MarkarianSupreme Court of New Hampshire · 1922
- Brown v. SmithSupreme Court of New Hampshire · 1937