Igou v. Brady

Citations

• 79 Fla. 699
• 84 So. 624

Syllabus

<p>1. The charge “Even should you find that the evidence and the weight of the evidence is evenly balanced for and against the plaintiff’s claim that he has a right to possession of certain mules, then it will be your duty to find for the defendants since in this case there is no preponderance of the evidence either way and the burden of proof being upon the plaintiff,” is error, as it in effect takes from the consideration of the jury the question of whether or not there was a preponder.ance of the evidence in favor of the plaintiff.</p> <p>2. The effect of the charge was to take the case from the consideration of the jury, and was tantamount to a directed verdict for the defendant.</p> <p>3. Where there is substantial evidence upon which the jury could find a verdict for either party it is reversible error to direct a verdict.</p>