The case was one unquestionably within the province of a jury, and in my opinion the verdict ought not to be disturbed unless it was one which a jury, viewing the whole of the evidence reasonably, could not properly find. The New Zealand Law Reports1902Uten tilgangsbegrensning - Om denne boken
| 1886 - 454 sider
...on the ground of the verdict being against the weight of evidence, unless the verdict be one which a jury, viewing the whole of the evidence reasonably, could not properly find. NEWSPAPER— LIHKL—PRIVILF.OE—PUBLIC OPFICKK, Davis v. Shepstone, n App. Cas. 187, was ari appeal... | |
| Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1887 - 662 sider
...Wright, 11 App. Cas. 162—namely, that a new trial ought not. to be granted unless the verdict was one which the jury viewing the whole of the evidence reasonably, could not properly find. I desire to add that I do not think that any new rule has been laid down in that case on the subject... | |
| 1890 - 872 sider
...will not be disturbed as being against evidence or the weight of evidence, unless it is one which a jury, viewing the whole of the evidence reasonably, could not properly find. — Phillips v. Martin, LR 15 App. Cas. 193. (vi.) HL — Appeal — Withdrawal — Form of Order.... | |
| 1890 - 230 sider
...respondent. This court will not disturb the finding of the court below, unless the verdict was one which a jury, viewing the whole of the evidence reasonably, could not properly find. There must be such a preponderance of evidence, assuming there is evidence on both sides to go to the... | |
| Jean Joseph Beauchamp, Great Britain. Privy Council - 1891 - 946 sider
...jury will not be disturbed as against evidence or the weight of evidence, unless it is one which a jury, viewing the whole of the evidence reasonably, could not properly find. See Metropolitan Railway Company v. Wright, 11 Appeal cases 152. BROWN v. COMMISSIONERS FOR KAIL WAYS... | |
| 1892 - 432 sider
...That, although it might be considered unsatisfactory as to the amount of damages, the verdict was not one which the jury, viewing the whole of the evidence reasonably, could not properly find. The question of damages being peculiarly one for the jury, a verdict ought not to be disturbed on the... | |
| Queensland. Supreme Court, James Harrison Byrne, R. S. Taylor - 1894 - 154 sider
...disturbed unless, to use the words of Lord HerecheU, in Thf Metropolitan Railwai/ Go. v. Wright, it was one which the jury, viewing the whole of the evidence reasonably, could not properly find." So that really the question in every case of the kind s : is there evidence on both sides, and, if... | |
| William Blake Odgers - 1896 - 940 sider
...Phillips v Martin, 15 App. Cas. 193.) "The verdict ought not to be disturbed unless it was one which a jury, viewing the whole of the evidence reasonably, could not properly find." (Per Lord Herschell, LC, in Metropolitan Ry. Co. v. Wright, 11 App. Cas. at p. 154.) " If reasonable... | |
| William Blake Odgers - 1897 - 566 sider
...AC 284 ; 63 LJTC 105 ; 70 LT 597.) " The verdict ought not to be disturbed unless it was one which a jury, viewing the whole of the evidence reasonably, could not properly find." (Per Lord Herschell, LC, in Metropolitan Ry. Co. v. Wri9ht, 11 App. .Cas. at p. 154.) "If reasonable... | |
| James Bradley Thayer - 1898 - 680 sider
...Hcrschell laid down the principle that " the verdict ought not to be disturbed unless it was one which a jury, viewing the whole of the evidence reasonably, could not properly find." And then Lord Halsbury, in a short and excellent statement, put the matter with precision : " My Lords,... | |
| |