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Little v. Upham
December 1, 1886 - Opinion
Little v. Upham.
Whether a verdict is against the evidence is a question of fact to be decided at the trial term.
TRESPASS, for assault and battery. Plea, the general issue, with a brief statement that the defendant acted in self-defence. Verdict for the defendant, which the plaintiff moved to set aside, and for a new trial, “because upon the uncontradicted evidence the defendant made the first assault, and assaulted the plaintiff anew after the plaintiff had ceased to inflict or threaten violence to him, -and had retreated.” Motion denied, and the plaintiff excepted.
D. A. Taggart and Sulloway, Topliff & O’ Conner, for the plaintiff.
Burnham & Brown, for the defendant.
Clark, J.
The objection that a verdict is against the evidence presents no question of law. It is a question of fact to be determined at the trial term. Fuller v. Bailey, 58 N. H. 71; Lefavor v. Smith, 58 N. H. 125; Kelley v. Woodward, 58 N. H. 153; Hovey v. Brown, 59 N. H. 114.
Exceptions overruled.
Smith, J., did not sit: the others concurred.
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| December 1, 1886 | Little v. Upham Current page | Opinion | Supreme Court | Reporter |