20 Neb. 586 | Neb. | 1886
This is a proceeding in error to the district court of Saline county. The cause was before this court at the July, 1883, term, and the decision is reported in- 15 Neb., at page 285. The judgment of the district court was reversed and a new trial awarded. Another trial was had, which resulted in a verdict similar to thé first, and the caséis again presented by plaintiff in error for review.
There are three assignments of error. 1st. The district court erred in overruling the motion filed for judgment on the evidence, notwithstanding the verdict; 2d. The court erred in overruling the motion for a new trial; and, 3d. The court erred in entering judgment on the verdict ren-^ dered.
The first of these assignments is not now urged, and, as the same questions arise on the consideration of the second and third, it will not be further noticed.
The sec'ond and third assignments will be considered together, as they present the same question. It will thus be seen that no question of law arising on the trial is involved in the consideration of the case. The only vital question is, whether or not the verdict of the jury is sustained by the evidence.
As we have frequently held, where the contention is that the verdict is contrary to the evidence, if the testimony is conflicting, we cannot enter into a minute discussion of the testimony offered by either side, and carefully weigh the statements of witnesses and the probabilities of the truth of their testimony. This is the special province of the jury, and with that part of their labor we cannot interfere. If the verdict is so clearly and manifestly wrong as to challenge the attention of a disinterested mind and firmly impress upon it the conviction that the jury have lost sight of their province as triers of fact, and have heedlessly ignored the clear and palpable weight of the evidence, then, • and only then, is it the duty of a reviewing court to interfere. This rule extends with its full force only to cases where the testimony is conflicting. Applying it to the case at bar, we do not hesitate to say that the verdict must be upheld and the judgment of the district court sustained.
A general statement of the facts need not be here made, as they are substantially as stated in the opinion of the ma
All the circumstances attending the alleged purchase and possession were before the jury, many of them are not inconsistent with good faith. Among those that are claimed to be such is the fact, as testified to by defendant in error,
The price actually paid for the goods by defendant in
The judgment is affirmed.
Judgment affirmed.