BARTON v. CRANE

BARTON v. CRANE
1934 OK 5
29 P.2d 52
167 Okla. 161
Case Number: 21763
Decided: 01/16/1934
Supreme Court of Oklahoma

BARTON
v.
CRANE et al.

Syllabus

¶0 Where, in a law action, tried to a jury, there is any competent evidence reasonably tending to support the verdict of the jury, this court will not set aside such verdict, and thereby substitute its judgment for that of the jury as to which side produced the preponderance of the evidence

Appeal and Error--Judgment Based Upon Verdict Supported by Evidence not Disturbed.

Where there is competent evidence in the record reasonably tending to support the verdict of a jury, and the cause was submitted to the jury upon instructions fairly stating the applicable law, this court will not disturb the judgment based upon the verdict.

A. M. Reinwand and C. R. Reives, for plaintiff in error
J. F. Thomas, for defendants in error.

BUSBY, J.

¶1 This case involves a question of fact as to the value of certain second-hand furniture. The jury fixed its value at $ 50, and plaintiff in error, plaintiff below, appealed. No errors of law are urged. The only complaint of plaintiff in error is that the recovery fixed by the jury is inadequate. From an examination of the record we find that the case was fairly tried, the jury properly instructed, and that the evidence was amply sufficient to sustain the verdict. One of the oldest established rules of this court is that "where there is any competent evidence reasonably tending to support the verdict of the jury, the same will not be disturbed on appeal." After reading the brief of counsel for plaintiff in error and the evidence, we conclude there is no merit whatsoever in this appeal. Judgment of the trial court will be affirmed.