Money v. Seattle, Renton & Southern Railway Co.

Citations

• 59 Wash. 120
• 109 P. 307
• 1910 Wash. LEXIS 1144

Syllabus

<p>New Trial — Sufficiency of Evidence — Province of Court. Where there is a substantial conflict in the evidence it is discretionary for the trial court to deny a motion for a new trial on the ground of the insufficiency of the evidence to sustain the verdict; and the fair inference from comment of the trial judge to the effect that two juries had believed the plaintiff, that its probative force was for the jury, and that he was compelled to deny a new trial, is that the evidence justified the verdict; especially as the court should be reluctant to grant a new trial for insufficiency of the evidence after two juries had found it sufficient.</p> <p>Appeal — Review—Discretion—Refusal of New Trial. The supreme court cannot reverse a case for the refusal of a new trial on the ground of the insufficiency of the evidence, where the evidence was conflicting, and the jury were instructed that the weight of the evidence did not necessarily depend upon the number of witnesses, and that they were the sole judges of the credibility of the witnesses and the weight of the evidence.</p>