Fuller v. Bailey

Whether a verdict is against the evidence is a question of fact. The question is, whether the conflict between the verdict and the evidence is so strong that the court can see that the jury, in coming to their result, were influenced by passion, prejudice, partiality, or corruption, or unwittingly fell into a plain mistake. Belknap v. B. & M. R. R., 49 N. H. 358; Childs v. S. & K. R. R., 20 Monthly Law Reporter 561, 562; Leith v. Pope, 2 W. Bl. 1327. When, there is oral testimony, such a question of fact should be decided at the trial term by the presiding justice, who, having 'heard and seen…