McMorry v. Ryan

WICKERSHAM, District Judge.

This cause comes before the court upon defendant’s motion for a new trial, it having been decided by the jury in favor of the plaintiff.

Where there is a conflict of testimony, the court ought not to set the verdict of a jury aside and grant a new trial, even though the judge would have reached a different verdict upon the same evidence. Where, however, the jury render a verdict upon evidence insufficient to justify it, or in violation of the law, it is the duty of the judge to set it aside and grant a new trial. The motion in this action is based upon the in*517sufficien…