Morrell v. Gobeil

Whether a verdict should be set aside as against the weight of the evidence “is a question of fact for the trial court which has been decided adversely to the defendants. But such a decision presents the question whether it could reasonably be made and may be set aside when it is apparent the trier of fact unwittingly fell into a plain mistake.” Ingerson v. Railway, 79 N. H. 154, 159.

The issue before the presiding justice was that stated in Bennett v. Larose, 82 N. H. 443, 448. “. . . whether the evidence in favor of the plaintiff is of such overwhelming weight that everyone must find in her…