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BASSEMIER v. SARTORE, BY HIS NEXT FRIEND.

APPELLATE COURT — Appeal — Weighing of Evidence — Verdict Supported by Evidence. — Appellate Court should not weigh evidence and the only inquiry that can be made on appeal is whether the verdict or finding is supported by evidence of probative value.

PER CURIAM.

Transfer denied. We do not, however, approve that portion of the Appellate Court opinion which states at p. 288 of 201 N.E.2d, p. ___ of 137 Ind., App. that it is said court's ". . . opinion that reasonable minded men would not have arrived at a verdict different from that of the jury . . .", for the reason that a court of appeal should not weigh the evidence but the only inquiry that can be made on appeal is whether the verdict or finding is supported by evidence of probative value.

Achor, J., not participating.

NOTE. — Reported in 205 N.E.2d 160.

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BASSEMIER v. SARTORE
(Sep 21, 1964)