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 judgment1, 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 Bingh. N. C. 109; Gilp. 356; 4 Yeates, 437; 3 Greenl. 276; 8 Pick. 122; 5 Wend. 595; 7 Wend. 380; 2 Vir. Cas. 235.
WELCH MORTGAGE, Eng. law, contracts. A species of security which partakes of the nature of a mortgage, as there is a debt due, and an estate is given as a security for the repayment2, but differs from it in the circumstances that the rents and profits are to be received without account till the principal money is paid off, and there is no remedy to enforce payment, while the mortgagor has a perpetual power of redemption.
2. It is a species of vivum vadium. Strictly3, however, there is this distinction between a Welch mortgage and a vivum vadium. In the latter the rents and profits of the estate are applied4 to the discharge of the principal, after paying the interest; while in the former the rents and profits are received in satisfaction of his interest only. 1 Pow. Mortg. 373, a.
WELL. A hole dug in the earth in order to obtain water.
2. The owner of the estate has a right to dig in his own ground, at such a distance as is permitted by law, from his neighbor's land; he is not restric|ted as to the size or depth, and is not liable to any action for rendering5 the well of his neighbor useless by so doing. Lois des Bat. part. 1, c. 3, sect6. 2, art. 2, 2.
WELL KNOWING. These words are used in a declaration when the plaintiff sues for an injury which is not immediate7 and with force, and the act or nonfea|sance complained of was not prima facie actionable, not only the injury, but the circumstances under which it was committed, ought to be stated, as where the injury was done by an animal. In such case, the plaintiff after stating the injury, continues, the defendant8 well knowing the mischievous9 propensity10 of his dog, permitted him to go at large. Vide Scienter.
