Greene v. Farlow

By the Court. The power is vested in the Superior Court, in its discretion, to set aside the verdict in any case tried in that court, and to order a new trial, for any cause for which a new trial may by law be granted. Pub. Sts. c. 153, § 6. This includes a case where that court is satisfied that, by reason of some accident, mistake, or misfortune in the conduct of the trial, a new trial is necessary to prevent a failure of justice. Cutler v. Rice, 14 Pick. 494. The motion of the demandants, and the affidavit in support of it, state a case which authorized the Superior Court to grant a new trial, if it was satisfied that justice required it. The motion is addressed to the discretion of that court; and its decision, in the exercise of that discretion, is not open to exception, and cannot be revised by this court. Exceptions overruled.