
    The Indianapolis, Cincinnati, and Lafayette Railroad Company v. Trisler.
    Evidence.— Weight of. — Supreme Court. — It is not tbe province of the Supreme Court to weigh the evidence and determine the preponderance thereof. Before it will interfere upon the evidence alone, it must appear by the record, not merely tbat the finding was against the weight of evidence, but that it was wrong beyond any question whatever.
    APPEAL from the Decatur Common Pleas.
   Frazer, J.

This case is here upon the evidence. The evidence upon one point was not, as it is given to us by a bill of exceptions, of the most satisfactory character. There was, however, evidence sufficient to put it out of our power to interfere.

W. Ctmbaclc, S. A. Bonner, and J. I). Miller, for appellant.

B. W. Wilson and W. H. Carroll, for appellee.

The appellant argues the ease as if this court were to weigh the evidence and determine the preponderance thereof. Such is not our province. It must appear by the record, not merely that. the finding below was against the weight of evidence, hut that that finding was wrong beyond any question whatever, before we can interfere upon the evidence alone.

The judgment is affirmed, with ten per cent, damages, and costs.  