Thomas v. Hunnicutt

McCay, Judge.

The evidence in this case was very conflicting, and the verdict pushes to its extremes!; verge the jurisdiction of the jury over the facts. In such cases an error of the judge in his ruling becomes of the highest importance. Who shall say that this was not the influence that caused the verdict? We are not prepared to say that time, even within the statutory bar, may not be weighed by the jury in connection with other eireiimstanees. But the charge left it to the jury to be considered as an independent element. We think this was error. It amounts practically to a repeal of all…