Opinion
Decided December, 1886.
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.
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.