Hardy v. Anderson

Matson, Justice.

Defendant appeals from an order denying his motion for judgment notwithstanding the verdict or a new trial.

Disappointing as it may be to an appellant, conflicts in evidence are to be resolved upon appeal by stating the controlling facts as the jury, in the light of the whole evidence, reasonably could and must have found them in arriving at its verdict. An appellate court cannot depart from this elementary rule even though it would have found the facts to be otherwise if it had tried the case de novo. We, therefore, state the facts in the light most favorable to the verdict.…