Miller v. Insurance Co.

Citations

• 12 W. Va. 116
• 1877 W. Va. LEXIS 6

Syllabus

<p>1. A new trial, asked on. the ground that the verdict is contrary to @vi,jence) ought to be granted only in a case of plain deviation from right and justice, not in a doubtful case, merely because the court, if on the jury,’would have given a different verdict.</p> <p>2, Where a case has been fairly submitted to a jury, and a verdict fairly rendered, it ought not to be interfered with by the court, unless manifest wrong and injustice has been done, or unless the verdict is plainly not warranted by the evidence or facts proved.'</p> <p>3. Where some evidence has been given, which tends to prove the fact in issue, or the evidence consists of circumstances and presumptions, a new trial will not be granted, merely because if the court, if upon the jury, would have given a different verdict. To warrant a new trial in such cases, the evidence should be plainly insufficient to warrant the finding of the jury. And this restriction applies a fortiori to an Appellate Court.</p> <p>4. The court below may grant a new trial where the evidence is contradictory, and the verdict is against the weight of evidence; but in such case the power of the court to grant a new trial should be very cautiously exercised. And when in such case the court below grants a 'new trial, the opinion of the court below is entitled to peculiar respect; and generally the Appellate Court will not reverse the order of the court in such case granting a new trial.</p> <p>5. When the court below grants anew trial, where there is apparently no conflicting evidence, and the opinion and order of the court granting such new trial is excepted to, and the bill of exceptions does not contain all the facts proved at the trial of the cause, hut a part of the facts proved and part of the evidence given, or all the evidence given, then in such case an Appellate Court will not reverse the order of the court granting the new trial, unless it manifestly and clearly appears that the order of court granting the new trial i