Birenbaum v. H. O. Rogers Silver Co.

We do not disagree with the decisions cited in appellants’ points concerning the importance of the verdict of a jury, but on the record before us in this case we think we should not interfere with the order of the learned trial justice who saw and heard the witnesses. The trial justice is not simply a presiding officer; he has his responsibilities to the litigants as well as the jury. In the case at bar the learned justice doubtless was affected by the fact that' the sole witness to the transactions called by plaintiffs was Solomon Sack, one of the plaintiffs. According to his testimony he…