Braatz v. Continental Casualty Co.

The trial court was of a mind that the jury’s findings were against the preponderance of the evidence, and, principally on that ground, directed that the verdict be set aside. Appellants contend that the trial court was in error in discarding the verdict on such basis. They *483maintain that the proper test in determining a motion to set aside a verdict is whether there was any credible evidence which supported the jury’s answers. Appellants are correct in that contention. A trial court should not assume to^ set aside a verdict when its ruling would require it to pass upon the credibility of…