Peck v. Baker

(After stating the foregoing facts.) Did the trial judge err in directing a verdict? “Where there is no conflict in the evidence, and that introduced, with all reasonable deductions or inferences therefrom, shall demand a particular verdict, the court may direct the jury to find for the party entitled thereto.” Code, § 110-104. But when there is any material conflict in the evidence, and where the evidence introduced, with all reasonable déductions and inferences therefrom, does not demand a particular verdict, then it is error to direct a verdict, although the evidence may preponderate very…