A. W. Butler v. Lena Favreau

This is an action of tort for the conversion of certain personal property. There was a trial by jury and a verdict and judgment for the defendant. The plaintiff excepted to the overruling of his motion to set the verdict aside. [1] The first two grounds of the motion are that the verdict is contrary to the evidence and against the evidence and the weight thereof. These grounds were addressed to the sound discretion of the trial court, as to which the action of the court cannot be disturbed, except for abuse of discretion. Wellman, Admr. v. Wales, 97 Vt. 245, 249, 122 Atl. 659; Temple v. Atwood, 99 Vt. 434, 134 Atl. 591; Porter v. Fleming, 104 Vt. 76, 82, 156 Atl. 903. It is not claimed here that the court withheld or abused its discretion. The third ground of the motion is waived because it is not briefed. Foss v. Sherwood, 104 Vt. 141, 144, 157 Atl. 834; Town of Brattleboro v. Carpenter, 104 Vt. 158, 166, 158 Atl. 73.