70 Iowa 73 | Iowa | 1886
I. The trespass committed by defendant, for which the action is brought, consisted in entering upon
IT. The motion to set aside the general verdict is based upon various grounds; as that the verdict is in conflict with the evidence and the instructions of the court; that the rulings of the court upon the admission of evidence, and in giving and refusing instruction, are erroneous, etc. . It is impossible to say upon what ground this motion was sustained. We are not prepared to say that the court erred in sustaining the motion. Such rulings rest largely upon the exercise of sound discretion by the court, with which we cannot interfere, unless error plainly appears. We are inclined to support rulings of this character, rather than to subject them to close and critical examination. When the court below decides that, for errors in rulings upon the trial, or for the insufficiency of the evidence to support the verdict, it should be set aside, we ought to sustain such decision unless errors therein are clearly shown. This, we think, has not been done in this case. We therefore affirm the decision setting aside the general verdict.
III. The motion for judgment in favor of plaintiffs is based upon the fourth and fifth special findings, which are
In reaching this conclusion, we have regarded the judgment of the court below to be, in effect, a judgment upon the special findings for defendant. Counsel for -defendant claim that it should be so regarded.
The judgment of the circuit court, dismissing plaintiffs’ action, is reversed, and the cause is remanded for a new trial and other proceedings not in conflict with this ojfinion.
EeveRSed.