Bergh v. Spivakowski
Supreme Court of Connecticut
Action to recover damages for false representations in the sale of violins, brought to the Superior Court in New Haven County and tried to the jury before Bennett, J.; verdict for the plaintiff for $2,027, which, upon motion of the defendant, the court set aside as against the evidence, and the plaintiff appealed.
1Per curiam
The jury rendered a verdict for the plaintiff, which the court, upon motion, set aside as against the evidence.
It is evident from the memorandum of the trial judge, that the principal, if not the sole, reason why he set aside the verdict for the plaintiff, was that from his “observation of the demeanor of the witness (the plaintiff) on the stand,” he “judged that he was neither frank nor honest in his statements,” and that the jury should not have believed him.
The trial court erred in setting aside the verdict upon this ground, unless the evidence shows that the jury could not fairly and…
2Cases cited1 opinion
- Lewis v. HealySupreme Court of Connecticut · 1900
3Cited by5 opinions
- Porcello v. FinnanSupreme Court of Connecticut · 1931
- Dunbar v. JonesSupreme Court of Connecticut · 1913
- Fagerholm v. NielsonSupreme Court of Connecticut · 1919
- Anderson v. ColucciSupreme Court of Connecticut · 1934
- Sinkus v. SteinSupreme Court of Connecticut · 1930