Lohse v. Coffey

CAYTON, Associate Judge.

This is an appeal from a judgment entered on the verdict of a jury in an action for personal injuries resulting from alleged food poisoning.

We are called upon to review only one ruling, namely, the refusal of the trial judge to direct a verdict for defendant upon the whole evidence. The trial was reported stenographically and we have examined the transcript with care, not of course to weigh the evidence factually as a jury would do, or to assay the testimony for preponderance, but to determine its legal sufficiency and whether it was sub-' stantial enough to be…