22 Iowa 226 | Iowa | 1867
The question for our determination is simply whether the weight of evidence is so clearly and manifestly against the verdict of the jury, that we would be justified in reversing the order overruling the motion for a new trial.
It is admitted that the question is a close one, and had the verdict been for the defendant, and a similar motion made by the plaintiff, we woiild have but little hesitation in saying, under the evidence reported to us, that the same should have been overruled. It may be granted that the evidence introduced by the plaintiff made him a prima facie ease ; but to óur minds this prima facie case was to all appearance fairly rebutted by the evidence of the defense, yet it was a conflict of testimony which was to be adjudged by the'jury, in doing which it seems they
Affirmed.