McCabe v. Lindberg

Citations

• 99 Wash. 430
• 169 P. 841
• 1918 Wash. LEXIS 636

Syllabus

<p>New Tbiai.—I ns ufeicienc v of Evidence—Second Teiax. Where, on tlie second trial of a case, testimony was given by twelve witnesses wbo did not testify on the first trial, and the evidence on the first trial is not brought up, it cannot be said that the evidence was substantially the same in both trials, and the trial court is not bound to follow the former decision granting a new trial for insufficiency of the evidence.</p> <p>Appeal—Review—New Teial—Discbetion. As the power to grant a new trial for insufficiency of the evidence is not limited or exhausted by granting one new trial, upon passing upon the discretion to grant successive new trials, the supreme court will determine whether the court or jury is more probably correct, keeping in mind the ultimate right to a jury verdict.</p>