Forbes v. City of Durant

There are two assignments of error here: (1) the verdict of the jury was contrary to the overwhelming weight of the evidence; and (2), the trial court erred in granting a certain instruction to appellee. Since the evidence was conflicting, and the jury’s verdict was based thereon, and since we cannot confidently hold that it was against, the overwhelming weight of the evidence, we would not be justified in setting the verdict aside, and reversing the judgment and remanding the case fora new trial, on the first assignment. However, the second assignment must be sustained.

Appellant operated, at…