Southern Reporter Volume 71 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 Excerpt: ... 3. New Tbial S=6--Tbial g=171--Taking Case From Jury--Direction Of Verdict. 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. Ed. Note.--For other cases, see New Trial, Cent. Dig. 9, 10; Dec. Dig. g=6; Trial, Cent. Dig. 396; Dec Dig. (c)=171. 4. Trial 8=171--Taking Case From JuryDirection Of Verdict. In directing a verdict, the court is governed Sradically by the same rules that are applicable i demurrers to evidence. Ed. Note.--For other cases, see Trial, Cent Dig. 396; Dec. Dig. =171. 5. Trial (r)=178--Taking Case From JuryDirection Of Verdict. A party, 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. Ed. Note.--For other cases, see Trial, Cent Dig. 401-103; Dec. Dig. g=178. 6. Tbial S=142--Taking Case From JuryDirection Of Vebdict. 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 case 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. Ed. Note.--For other cases, see Trial, Cent. Dig. 337; Dec. Dig. (c)=142. 7. Trial 3=171--Taking Case Fbom JuryDirection Of Verdict. The duty devolving upon the court in reference to directing a verdict on the evidence may become, in many cas