
    Joseph Hoffman vs. William Meyer.
    Submitted on briefs April 9, 1894.
    Affirmed April 14, 1894.
    No. 8504.
    Review of order granting or refusing a new trial.
    Rule in Hicks v. Stone, 13 Minn. 434 (Gil. 398), followed.
    Appeal by defendant, William Meyer, from an order of the District Court of Jackson County, P. E. Brown, J., made February 8,. 1893, granting the motion of plaintiff, Joseph Hoffman, for a new trial.
    This action was to recover damages for an assault and battery. The answer was, son assault demesne. The parties were German. farmers who had quarrelled over the location of a comer stake between their lands. The evidence was conflicting. The jury returned a verdict for defendant, and the court on motion set it aside and granted a new trial. Defendant appeals.
    
      Thomas J. Knox, for appellant.
    
      W. A. Funk, for respondent.
   Gileillan, C. J.

The evidence in this case was not manifestly in favor of the verdict, so that the case comes within the rule in Hicks v. Stone, 13 Minn. 434 (Gil. 398), so often followed by the court.

Order affirmed.

Buck, J., took no part in this decision.

(Opinion published 58 N. W. 684.)  