Givin v. Cody

Decided October 15, 1851

Supreme Court of Missouri · decided 1851-10-15

it is insisted, upon a review of the evidence, that a new trial should have been granted, because the evidence is palpably against the verdict. All‘the evidence clearly shows that all the injury done was the result of the appellee’s own gross misconduct, and that the appellant used every caution to avoid doing the appellee’s horse any injury. It showB even more, that the injury claimed to have been done was not done by the appellant.

Decided 1851-10-15

Ryland, J.,

¶1delivered the opinion of the court.

¶2This was a case in the Law Commissioner’s court. It was tried before a jury: the plaintiff offered evidence and closed his case. The defendant offered no evidence. No instructions were asked and none were given.

¶3The jury found for the plaintiff; the defendant moved for a new trial on the following grounds: First, because the verdict was against the law; Secondly, because the verdict was against the evidence and the weight of the evidence; Thirdly, because the verdict of the jury should have been for the defendant.

¶4The case presents the naked question of new trial, upon the facts in proof. We will not disturb the fihding below. The jury is the proper tribunal to find facts. Where no instructions have been given or refused, no rulings of the court complained of, we again repeat our disinclination to interfere in any such cases. The other judges concurring, the judgment below is affirmed.