Rochford v. Albaugh

Citations

• 16 S.D. 628
• 94 N.W. 701
• 1903 S.D. LEXIS 136

Syllabus

<p>1. An order granting a new trial, after verdict for plaintiff, on the ground ‘•that the evidence is not sufficient to sustain the verdict,” is within ■ the discretion of the trial court.</p> <p>2. Where a new trial has been granted, a stronger case is required to secure a reversal than where it has been denied.</p> <p>3. The rule that the uncorroborated testimony of a party in his own behalf is not conclusive on a jury does not divest the trial court of its discretion to grant a new trial, when, in its opinion, justice requires such exercise of its discretion.</p>