117 Me. 561 | Me. | 1918
Action to recover damages, actual and punitive, for a criminal assault. The jury returned a verdict for the plaintiff and assessed damages in the sum of fifteen hundred forty-one dollars and sixty-seven cents. The defendant moves for a new trial on the customary grounds. No exceptions to any ruling, or to the charge of the presiding Justice, are presented. The issue was solely one of fact. As usual the defeated party claims that the verdict of the jury was clearly and unmistakably wrong. We should not overlook the truth that the right of trial by jury, and the right to have controverted questions of fact settled by a jury, are fundamental and important rights which should not be lightly overthrown by the interference of the Appellate Court sitting in banc. That court has no moral or legal right to so interfere unless the jury has been swayed by passion or prejudice, or committed error from some other reason, to such an extent that an impartial, intelligent tribunal, sitting as an appellate body, and having before it only the printed record, can truly say that the error of the jury is plain and unmistakable.