Cook v. Cantrill ( 1871 )

OPINION OE THE 0OUET BY

JuDGKE B.OBERTSON :

Even though the intrinsic probabilities, deducible from the conflicting evidence, may, when carefully scrutinized, preponderate against the verdict, yet there is some strong testimon.} to sustain it.

Marble, for appellant. Hewlett, for appellee.

In such a case, whatevei we might have done as jurors, we cannot consistently or safely set aside tbe second verdict for the appellee by a jury acquainted with tbe parties and tbe witnesses.

Wherefore tbe judgment is affirmed.