Haycraft v. Davis

Citations

• 49 Ill. 455

Syllabus

<p>1. New trial—verdict against the evidence. Where the only testimony to sustain the action was that of the plaintiff himself, who was flatly contradicted by the defendant, and two other witnesses who were disinterested, and who had full opportunity of knowing the facts to which they testified, and there was no impeachment of their integrity, and the jury found in favor of the plaintiff: Held, that such verdict was unwarranted, being manifestly against the weight of evidence, and should be set aside and a new trial awarded.</p> <p>2. It is the province of the jury to weigh evidence, but they have no right to act from caprice, and render a verdict wholly against the evidence.</p>