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trial, court and verdict

NEW TRIAL.—A party to an action in the High Court who is dis• satisfied with the result may, in certain cases, apply for and obtain a new trial. The application is to the Court of Appeal, and notice of it should be given to the other side within eight days after a trial in London and Middle sex, or, in the case of a trial on circuit, within seven days after the last day of the sitting on circuits. The notice should state the grounds of the applica tion, and whether all or part only of the verdict or findings is complained of. Upon the hearing of the application the Court of Appeal has power to enter a judgment, or allow an appeal instead of a new trial ; it may also direct issues, or accounts and inquiries. A. new trial is only granted upon certain special grounds. It will only be granted upon such grounds as the misdirec tion of the jury by the judge, or the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the judge at the trial was asked to leave to them ; and then only when, in the opinion of the Court to which the application is made, some substantial wrong or miscarriage has been thereby occasioned in the trial.

The Court exercises its discretion with very great caution. It has granted a new trial, however, in instances where the case has conic on unexpectedly, and the defendant's witnesses were absent ; and where the damages given by the .jury were excessive; and where the judge nonsuited the plaintiff without hear ing his evidence, and without the consent of his counsel. Perhaps the most successful ground of an application for a new trial is that the verdict of the jury was against the weight of the evidence. But it is a generally accepted principle that where a question of fact is left to a jury, and they answered it reasonably, their verdict cannot be disturbed. If, however, their verdict is one that could not reasonably have been found if they had paid regard to all the facts of the particular case, the Court may order a new trial. The principles and practice of a new trial are practically the same in the County Court as in the High Court, except that the application therefor is made to the County Court itself. See ACTION.