Domico v. Casassa

Citations

• 101 Cal. 411
• 35 P. 1024
• 1894 Cal. LEXIS 1049

Syllabus

<p>New Trial—Insufficiency of Evidence—Discretion of Trial Court —Appeal.—The granting or denying of a new trial on the ground that the evidence is insufficient to justify the verdict, where there is a substantial conflict in the evidence, is in the discretion of the trial court, and its action is conclusive upon the appellate court, unless it appears that there has been an abuse of discretion, and it is immaterial whether the evidence is insufficient to sustain all or only a portion of the issues on which the judgment must depend.</p> <p>Id.—Excessive Verdict—Exemplary Damages—Province of Jury-Conflicting Evidence—Power of Trial Court.—The question as to whether the acts of a defendant resulting in personal injuries to the plaintiff were accompanied by oppression, fraud, or malice, so as to authorize the giving of exemplary damages, is a fact to be determined by the jury from the evidence before it, and where there is a substantial conflict of evidence thereon its verdict will not be interfered with upon appeal; but the trial court may, if in its opinion the evidence was insufficient to show that there had been any fraud, oppression, or malice, on the part of the defendant, grant a new trial, notwithstanding the verdict of the jury.</p> <p>Id.—Review op Evidence Upon Appeal—Question op Fact—Duty op Trial Court—Discretion.—If there is no evidence upon an issue which is essential to the judgment, a verdict or finding upon such issue is an error of law which may be reviewed upon appeal, but if the verdict or finding is made upon a conflict of evidence, the sufficiency of the evidence therefor is a question of fact which the trial court is authorized to review, and, if in its opinion the verdict is against the weight of evidence, it is its duty to set it aside, and its action in so doing is the exercise of a legal discretion, but is not an error of law which can be reviewed upon appeal.</p>