Whitley Construction Co. v. O'DELL

1. As to the general grounds, it is contended by the plaintiff that the evidence produced at the trial is insufficient to support the verdict rendered by the jury. This proposition is based on the contention of the plaintiff that the evidence of the defendant is entirely circumstantial and cannot prevail over positive and uncontradicted evidence in the case and on behalf of the plaintiff. It is contended on the part of the defendant that this principle of law cannot prevail on behalf of the plaintiff in the instant case because the jury were authorized to find that the witnesses furnishing…