WEIGHT OF EVIDENCE.
Legal Term: WEIGHT OF EVIDENCE.
Definition: This phrase is used to signify that the proof on one side, of a cause is greater than on the other.
2. 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.
3. 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. 2 Hodg. R. 125, S. C. 3 Bingh. N. C. 109, Gilp. 356, 4 Yeates, 437, 3 Greenl. 276, 8 Pick. 122, 5 Wend. 595, 7 Wend. 380, 2 Vir. Cas. 235.
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