Southern Railway Co. v. Jeffco Fibres, Inc.

CLARK, Judge.

Defendant contends that, pursuant to the lease agreement, defendant is not liable for damages to the freight depot caused by fire, unless the loss occurred “by reason of, or arises out of or is incidental to the use or occupancy of the property.” Defendant contends that the court erred in denying defendant’s motion for a directed verdict since plaintiff’s evidence failed to establish that the loss was so caused.

A motion for directed verdict in a jury trial presents the question whether the evidence is sufficient for submission to the jury. Kelly v. International Harvester Co.,…