
    BARTHOLEMEW against JUDYKUNST.
    though the court might not be disposed to grant a new trial, because the verdict was'against the weight of evidenpe, ypt they will do so, when it is in accordance with the inclination of the judge who tried the pause.
    Appeal frqm the Circuit Gqurt of Ly corning county, held by Justice Kennedy.
    
    This was an actiqn on the case by Edward and John Bartholomew., against Charles Gudykunst, for falsely representing the power and capacity of a stream of water, forge and grist-mill, rented by the defendant to the plaintiffs. The jury found a verdict for the plaintiffs fqr twq hundred and seventy dollars, which the defendant moved to set aside, on the grqund, that it was against the-weight of 'evidence. The motiqn having bepn over-ruled, he appealed.
    
      Ellis and Arm,stro,ng for appellant^.
    
      Anthony and Campbell, contra.
    
   Per Curiam.

The verdict appears to us tq be greatly against the weight of the evidence; and thqugh we might not be disposed to-grant a new trial for that cause alone, yet in accordance with the inclination of the judge whq tried the cause, we think it ought to be sent to anqthpr jury.

judgment reversed and a nevy trial awarded.  