BULLDOG ELECTRIC PRODUCTS COMPANY, PLAINTIFF-APPELLANT,
v.
CONTINENTAL ELECTRIC EQUIPMENT CO., INC., AND JOHN B. COTTELL, DEFENDANT-APPELLEE; CONTINENTAL ELECTRIC EQUIPMENT CO., INC. AND JOHN B. COTTELL, DEFENDANT-CROSS APPELLANT, V. BULLDOG ELECTRIC PRODUCTS COMPANY, PLAINTIFF-CROSS APPELLEE
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In this tort action for personal assault, the Florida Supreme Court reversed a jury verdict for the plaintiff and remanded for a new trial, holding that although the trial judge properly refused to direct a verdict for the defendant, the judge's own finding that the verdict was not in accord with the manifest weight of the evidence obligated him to grant a new trial motion.
While the trial judge correctly refused to direct a verdict because there was evidence upon which the jury could find for the plaintiff, the judge's own determination that the verdict did not accord with the manifest weight of the evidence created a duty to grant the motion for a new trial.
“The court should never direct a verdict for one party unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.”
Establishes the standard for when a directed verdict may be granted, explaining why the trial judge properly refused the defendant's motion for directed verdict.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff testified that the defendant hit her while she was caught between a door and door jamb after he forcefully closed the door upon her. The…
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PER CURIAM.
Pursuant to stipulation of counsel, it is ordered as follows:
That Appeal No. 12,185 and Appeal No. 12,186 be dismissed, without costs, to either party, and that this action be remanded to the United States District Court for the Southern District of Ohio, Western Division, for amendment of the final decree entered by said District Court on the 20th day of November, 1953, in accordance with the attached Stipulation of the parties.