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43 Mo. 350

Gillespie v. Stone

Supreme Court of Missouri

Decided February 15, 1869

Supreme Court of Missouri · decided 1869-02-15

When the evidence does not support the verdict, as in this case, the Supreme Court will reverse the judgment and grant a new trial. (Robbins v. Alton Ins.

Relies on State v. Mansfield · McAfee v. Ryan · State v. Burnside

Decided 1869-02-15

Currier, Judge,

¶1delivered the opinion of the court.

¶2The plaintiff seeks to reverse the judgment below on the sole ground that the verdict rendered in the cause is not sustained by the evidence. In a civil cause, where the court trying it approves the verdict by refusing to set it aside, and there is not an entire want of evidence in its justification, as there is not here, this court will not interfere and reverse, although the verdict may seem to be greatly against the weight of evidence. This has been too often decided to require further comment. (11 Mo. 364; 19 Mo. 246; 37 Mo. 346; 41 Mo. 473.)

¶3The judgment of the District Court is affirmed.

The other judges concur.
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