Butler v. Whiteman

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 1410*—when verdict will not he reversed as against weight of evidence. Although it is the duty of the Appellate Court on appeal from judgment to reverse such judgment, when the verdict on which such judgment is based is “clearly and manifestly” against the evidence, yet, in considering such a judgment, the words “clearly and manifestly” must not be overlooked, and such judgment will not be reversed merely because an examination of the record seems to show that the verdict was not supported by the evidence.</p> <p>2. Evidence, § 475*—when preponderance not determined by numher of witnesses. The question of the preponderance of the evidence cannot be determined merely by counting the witnesses testifying on one side or the other of a cause, although the number of witnesses testifying for and against a given statement of fact is obviously an important consideration in determining the question of preponderance as to such statement.</p> <p>3. Evidence, § 475*—what does not constitute preponderance. .There is no preponderance of evidence where one witness affirms a fact and another denies it if no reason appears for discrediting either witness.</p> <p>4. Contracts, § 387*—when verdict not against manifest weight of evidence. In an action to recover on a contract for the installation of plumbing work, where the evidence was conflicting, a verdict for plaintiff held not clearly and manifestly against the weight of the evidence.</p>