Ayres v. Union Pac. R. Co.

I concur. The rule in this jurisdiction, and which the writer does not approve, seems to be well settled that in many cases the court must submit a case to the jury even though if the verdict be against defendant, the court upon motion might, and would be upheld if it did, grant a new trial on the ground that the evidence was insufficient.

In the instant case, I think there was evidence enough to take the case to the jury.