WEIGHT OF EVIDENCE - This phrase
is used to signify that the proof on one side, of
a cause is greater than on the other.
When a verdict has been rendered against the weight
of the evidence, the court may, on this ground, grant
a new trial, but the court will exercise this power
not merely with a cautious, but a strict and sure
judgment, before they send the case to a second jury.
The general rule under such circumstances is, that
the verdict once found shall stand: the setting aside
is the exception, and ought to be an exception, of
rare and almost singular occurrence. A new trial will
be granted on this ground for either party; the evidence,
however, is not to be weighed in golden scales.
