Lowney v. New Brunswick Railway Co.
Supreme Judicial Court of Maine
ON motion to set aside a verdict rendered in the superior court. The case and material facts are stated in the opinion. The verdict will stand, even if the conclusion of the court would have been different had the case been originally submitted to the court, unless manifestly against the weight of evidence, and unless it so preponderates in favor of the defendants as to authorize the court to infer that the jury acted under a mistake or were influenced by improper motives.
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ON motion to set aside a verdict rendered in the superior court. The case and material facts are stated in the opinion. The verdict will stand, even if the conclusion of the court would have been different had the case been originally submitted to the court, unless manifestly against the weight of evidence, and unless it so preponderates in favor of the defendants as to authorize the court to infer that the jury acted under a mistake or were influenced by improper motives. Darby v. Hayford, 56 Maine, 246 ; Folsom v. Skofield, 53 Maine, 171; Iiovey v. Chase, 52 Maine, 304. In some of the main…
1Opinion of the CourtEmery, J.
If this case were within § 64, of chap. 51, of E. S., the burden would still be upon the plaintiff to prove that the fire which consumed his sleepers was communicated by the defendant’s locomotive-engine. The only evidence ' we find of such a communication is the fact that the fire was discovered in Shaw’s barn, (from which it spread to the sleepers,) within a few minutes after the passage of the engine. It may be doubted if that alone is sufficient proof.
But the case is not within the statute above cited, and the judge .so instructed the jury. The instruction was correct. The statute does…
2Cases cited1 opinion
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
3Cited by2 opinions
- Hurd v. Boston & Maine RailroadSupreme Court of New Hampshire · 1957
- Missouri, Kansas & Texas Railway Co. v. WilderCourt Of Appeals Of Indian Territory · 1899