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7 Neb. 284

Cook v. Powell

Nebraska Supreme Court

Decided April 15, 1878

Nebraska Supreme Court · decided 1878-04-15

<p>Practice: setting aside verdict. A verdict will not be set aside on the ground that it is contrary to the evidence, unless-it is clearly so. A court will always hesitate to set aside a verdict where doubts of the propriety of doing so arise out of a conflict in oral evidence.</p>

Decided 1878-04-15

Maxwell, J.

¶1The errors assigned are:

¶2First. That the verdict is not sustained by sufficient evidence.

¶3Second. That the verdict is against the law of the land.

¶4Third. That there is, and was, no evidence to sustain the verdict.

¶5Fourth. That the verdict was for the defendant when it should have been for the plaintiff.

¶6No exceptions were taken on the trial of the cause. The only question therefore presented to this court is the sufficiency of the evidence to sustain the verdict. The rule is well settled that the verdict of a jury will not be set aside on the ground that it is contrary to the evidence, unless it is clearly so. A court will always hesitate to set aside a verdict where doubts of the propriety of doing so arise out of a conflict in oral evidence. The A. & N. R. R. Co. v. Washburn, 5 Neb., *285126. Seymour v. Street, Id., 85. Blackburn v. Ostrander, Id., 219. Storms v. Eaton, Id., 464.

¶7As there is a conflict in the testimony in this case, and the questions of fact appear to have been fairly submitted to the jury, the judgment of the district court must be affirmed.

¶8Judgment affirmed.

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