KELLEY v. WOODWARD

Whether a verdict is against the evidence is a question of fact, to be decided at the trial term.

FOSTER, J.

The question whether a verdict is contrary to the evidence is a question of fact, to be decided by the judge presiding at the trial. Fuller v. Bailey, ante, p. 71; Lefavor v. Smith, ante, p. 125; Hill v. New Haven, 37 Vt. 501, 512; Clark v. Congregational Society, 45 N.H. 338, 334.

Exception overruled.

ALLEN, J., did not sit.