
    James A. Cook v. Bradford F. Cantrill.
    Trial — Conflicting Evidence — Preponderance—Second Verdict.
    Although, conflicting evidence may, when carefully scrutinized, preponderate against it, a second verdict will not he set aside on that account.
    APPEAL EROiM CALDWELL CIROUIT COUET.
    January 11, 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.  