Opinion
No. 19,592.
Filed September 21, 1964. Rehearing denied October 19, 1964. Transfer denied March 16, 1965. Rehearing on petition to transfer denied April 19, 1965.
APPELLATE COURT — Appeal — Weighing of Evidence — Verdict Supported by Evidence. — Appellate Court should not weigh evidence and the only inquiry that can be made on appeal is whether the verdict or finding is supported by evidence of probative value.
From the Vanderburgh Probate Court, French Clements, Judge.
Appellee, Paul A. Sartore, recovered damages from appellant, James Lee Bassemier, and appellant appealed. Appellate Court upheld the judgment of the trial court and appellant petitioned for transfer to the Supreme Court.
Reporter's Note. — See Appellate Court opinion reported in 201 N.E.2d 285.
Petition to transfer denied.
Bamberger, Foreman, Oswald and Hahn, of Evansville, for appellant.
John H. Jennings and Harold M. Wilson, Sr., of Evansville, for appellee.
Transfer denied. We do not, however, approve that portion of the Appellate Court opinion which states at p. 288 of 201 N.E.2d, p. ___ of 137 Ind., App. that it is said court's ". . . opinion that reasonable minded men would not have arrived at a verdict different from that of the jury . . .", for the reason that a court of appeal should not weigh the evidence but the only inquiry that can be made on appeal is whether the verdict or finding is supported by evidence of probative value.
Achor, J., not participating.
NOTE. — Reported in 205 N.E.2d 160.