Knote v. Shirley

Citations

• 84 Kan. 738
• 115 P. 539
• 1911 Kan. LEXIS 409

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>New Trial — Verdict Contrary to Weight of Evidence — New Code. One of the grounds for granting a new trial under the old code (former Code, § 306, Gen. Stat. 1901, § 4754) was that the verdict is not sustained by sufficient evidence. The new code (Code 1909, § 305) reads: “Fourth, that the verdict, report or decision is in whole or in part contrary to the evidence.” Held, that both forms of expression mean the same thing, that is, when the weight of the evidence as a whole is not sufficient to justify the verdict.</p>