Laukaitis v. Klikna

In the trial court, the defendant moved to set aside the verdict, and for a new trial, “because the same is against the evidence, the weight of the evidence, and excessive.” The denial of this motion is made the first reason of appeal. A careful reading of the transcript of the evidence makes it clear that the jury reached its conclusion upon sharply conflicting testimony, of the weight and credibility of which it was the sole judge. On the issues which were presented to the jury, the verdict was not excessive. That the verdict was “against the weight of the evidence” is an improper…