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4 Ky. Op. 179

Cook v. Cantrill

Court of Appeals of Kentucky

Decided January 11, 1871

Court of Appeals of Kentucky · decided 1871-01-11

<p>Trial — Conflicting Evidence — Preponderance—Second Verdict.</p> <p>Although, conflicting evidence may, when carefully scrutinized, preponderate against it, a second verdict will not he set aside on that account.</p>

Decided 1871-01-11

¶1OPINION OE THE 0OUET BY

JuDGKE B.OBERTSON :

¶2Even though the intrinsic probabilities, deducible from the conflicting evidence, may, when carefully scrutinized, preponderate against the verdict, yet there is some strong testimon.} to sustain it.

Marble, for appellant.Hewlett, for appellee.

¶3In such a case, whatevei we might have done as jurors, we cannot consistently or safely set aside tbe second verdict for the appellee by a jury acquainted with tbe parties and tbe witnesses.

¶4Wherefore tbe judgment is affirmed.

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