Citizens & Peoples National Bank v. Louisville & Nashville Railroad

Citations

• 80 Fla. 319

Syllabus

<p>1. Where it cannot be fairly said that on the evidence adduced there can be but one opinion among jurors as reasonable men on the issue presented, or that “no sufficient evidence has been submitted upon which the jury could legally find a verdict for” the defendant, a verdict should not be directed for the plaintiff.</p> <p>2. A verdict for one party may be directed only when the evidence adduced is legally insufficient to support a judgment for the opposing party, otherwise the organic “right of trial hy jury” would be violated.</p> <p>3. Where there is substantial evidence to sustain a judgment for one party a verdict for the other party should not be directed, even though a verdict found may properly be set aside for a new trial where other matters of procedure or of law taken in connection with the evidence make a new trial. appropriate in order that “right and. justice shall be administered,” as required by the Constitution.</p>