
    Little v. Upham.
    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.
   Clark, J.

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.  