California Supreme Court September 15, 1855, No. 742 (Bryant v. Benicia Flouring Co.)

ITEYDENFELDT, J.

— The assignments of error rest upon the refusal of a nonsuit and a new trial upon the facts.

The evidence seems to have been fairly submitted to a jury, and they were the best judges of its weight, as it is their peculiar province.

Sometimes, as in this case, the evidence seems very scant and but slenderly makes out the facts necessary to a recovery.