Sitarek v. Montgomery

(dissenting) — The majority opinion states:

“We are mindful of the rule that, upon an appeal from a judgment entered upon the verdict of a jury, the evidence which is introduced in the cause should be so considered as to support the jury’s verdict, and that the judgment should be affirmed unless it be held, as a matter of law, that the verdict finds no support in the evidence.”

The opinion then proceeds to state that “Mr. Ladely testified that he told Lucy that Mrs. Montgomery was having trouble and that, during the evening, he would be either at Mrs. Montgomery’s home or somewhere in the…