Cohen v. Richards

This motion of the defendants to set aside the verdict of the jury in favor of the plaintiff, as against the weight of evidence, presents the frequently perplexing problem of the duty ■ of the court respecting a verdict which does not accord with the conception of the trial judge. The spirit of the governing principle *97is not difficult of ascertainment. It is the exercise of the power that creates the perplexity. In this case I perceived the probabilities as preponderating in defendants’ favor. The defense impressed me as more plausible and credible than the affirmative claim. Were I the trier…