Opinion
Argued October 9th, 1930
Decided November 7th, 1930.
ACTION for breach of promise to marry, brought to the Superior Court in Hartford County and tried to the jury before Baldwin, J.; verdict for the plaintiff, which the trial court set aside, and from this decision the plaintiff appealed. Error; judgment directed on verdict.
Jacob Schwolsky, for the appellant (plaintiff).
Milton D. Newman, for the appellee (defendant).
The memorandum of the trial court indicates that the verdict was set aside because the court believed the defendant and not the plaintiff and because if there had been a promise to marry, the court concluded it was based upon an illegal consideration; but the credibility to be accorded to the parties was for the jury, not the court, and the jury might reasonably have reached a contrary conclusion to that drawn by the court. The verdict is not so manifestly and palpably against the evidence as to give assurance that the jury were influenced by passion, ignorance, partiality, corruption or lack of understanding of the issues or the evidence. Since the verdict was one to which twelve honest men acting fairly and intelligently might come, it was final and could not be legally set aside by the court.