What is the test for overturning a jury's verdict in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Dimmick v. United States, 135 F. 257 (9th Cir. 1905):

It is not within the province of this court to interfere with the verdict of the jury upon this ground. The rule is well settled that the credibility of witnesses and the probative force of facts introduced in evidence are the sole province of the jury; that the appellate court cannot weigh the evidence; that the only question before the court is whether there is any legal evidence to sustain the verdict. In Humes v. United States, 170 U.S. 210, 212, 18 Sup.Ct. 603, 42 L.Ed. 1011, the court said:

'The alleged fact that the verdict was against the weight of evidence we are concluded from considering, if there was any evidence, proper to go to the jury, to sustain it. Crumpton v. United States, 138 U.S. 361 (11 Sup.Ct. 355, 34 L.Ed. 958)'; 2 Enc.Pl.& Pr. 391.

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