Comforter v. City of Apalachicola

Citations

• 63 Fla. 113

Syllabus

<p>1. A demurrer to the evidence admits the truth thereof and also such conclusions as the jury may fairly and justifiably draw therefrom. Forced or violent inferences from the evidence are not thereby admitted, but the testimony is to be taken most strongly against the demurrant, and such conclusions as a jury might justifiably draw therefrom the court ought to draw.</p> <p>'■2. The true and proper object of a demurrer to the evidence is to refer to the court the law arising from admitted facts— certain and determinate facts. Where the evidence is conflicting and not clear, certain and determinate, it is the province of the jury to weigh it, and the presumptions arising therefrom.</p>