
    Kelley v. Woodward.
    Whether a verdict is against the evidence is a question of fact, to be decided at the trial term.
    Trespass. The defendant excepted to the refusal of the judge at the trial term to set aside a verdict for the plaintiff, as being against the evidence.
    
      Copeland and Eaton (of Maine), for the plaintiff.
    
      Hastings, F. Hobbs, and Eastman, for the defendant.
   Foster, J.

The question whether a verdict is contrary to the evidence is a question of fact, to be decided by the judge presiding at the trial. Fuller v. Bailey, ante, p. 71; Lefavor v. Smith, ante, p. 125; Hill v. New Haven, 37 Vt. 501, 512; Clark v. Congregational Society, 45 N. H. 333, 334.

Exception overruled.

Allen, J., did not sit.  