from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
WEIGHT OF EVIDENCE. This phrase is used to signify that the proof on one
side, of a cause is greater than on the other.
2. When a verdict has been rendered against the weight of the evidence,
the court may, on this ground, grant a new trial, but the court will
exercise this power not merely with a cautious, but a strict and sure
judgment, before they send the case to a second jury.
3. The general rule under such circumstances is, that the verdict once
found shall stand: the setting aside is the exception, and ought to be an
exception, of rare and almost singular occurrence. A new trial will be
granted on this ground for either party; the evidence, however, is not to be
weighed in golden scales. 2 Hodg. R. 125; S. C. 3 Bing. N. C. 109; Gilp.
356; 4 Yeates, 437; 3 Greenl. 276; 8 Pick. 122; 5 Wend. 595; 7 Wend. 380; 2
Vir. Cas. 235.