John Wisutskie v. Raymond C. Malouin

In Bennett v. Larose, 82 N.H. 443 , the court passed upon the scope of a motion to set aside a verdict on each of the two grounds that it is against the evidence and against the weight of the evidence. In respect to the latter ground, it is now suggested that its limitations as thus laid down tend to defeat practical Justice and that a more liberal policy in dealing with it will better secure correction of error. It has accordingly been deemed advisable to review the subject. The inquiry relates to procedural Justice. If a somewhat austere position appears to have been taken when greater liberality is regarded to be more effective in obtaining fairness of trial, the authority of precedents and customary practice should not be so strong as to stand in the way of the more certain assertion of Justice. A fair trial is of first importance in the conduct of litigation, and the demand for the "best inventible procedure" seeks new methods and regulations thought to be in improvement. Procedural law and rules of court have some relationship. Lisbon v. Lyman, 49 N.H. 553, 571, 588, 604, 605; Tuttle v. Dodge, 80 N.H. 304, 312.