Drew v. Watertown Ins.

Citations

• 6 S.D. 335
• 61 N.W. 34
• 1894 S.D. LEXIS 153

Syllabus

<p>1. While it is the right of the jury, in general, to judge of the credibility of a witness and the probative value of his testimony, they have no right, arbitrarily or capriciously to disregard testimony submitted to them by the court.</p> <p>2. Where, in a civil action, the instruction of a court to the jury is unchalleng'ed, and its correctness unquestioned, either in the trial court or here, a verdict of the jury in open disregard of such instruction will not be allowed to stand.</p> <p>(Syllabus by the court.</p>