Gunn v. City of Jacksonville

Citations

• 67 Fla. 40
• 64 So. 435

Syllabus

<p>J. The considerations and legal principles that guide the judicial discretion in directing a verdict and in granting a new trial on the evidence are not the same.</p> <p>2. In directing a verdict, the court is governed practically by the same rules that are applicable in demurrers to evidence.</p> <p>3. A parly in moving for a directed verdict; admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence.</p> <p>4. Where on the evidence adduced there is room for a difference of opinion between reasonable men as to the existence of facts from which an ultimate fact is sought to be established, or where there is room for such differences as to the inferences which might be drawn from conceded facts, the court should submit the ease to the jury for their finding, as it is their conclusion, in such cases, that should prevail, and not primarily the views of the judge.</p> <p>5. The duty devolving upon the court in reference to directing a verdict on the evidence may become, in many cases, one of delicacy, and it should be cautiously exercised.</p> <p>6. Electricity is an invisible force highly dangerous in its use, and those who employ others where electricity or other dangerous agencies are used, should exercise such care for the safety of the employees as is commensurate with the dangers involved and the competency of the employees.</p> <p>7. Where there is substantial evidence upon which a finding and judgment may lawfully be for one party, a judgment entered on a directed verdict for the other party may be reversed.</p>