Grow v. Wolcott

I am unable to join in an affirmance. Without further setting forth the evidence in detail, it is apparent from the record that the evidence is at least equiponderant, and if anything the scales tip in the defendant’s favor. In passing upon the discretionary ruling made by the trial court in setting aside the verdict and ordering a new trial, the majority opinion appears to express the view, — right or wrong, — we cannot question its propriety in this case. It is my view that the evidence does not justify such a conclusion. An untarnished verdict, based upon sufficient evidence, should not be…