Hughes v. Parkhurst

A review of the record satisfies us that the action of the trial court in setting aside the verdicts in favor of the plaintiffs and ordering a new trial as to the City of Rome should be sustained. Even assuming that there was sufficient evidence on which the jury could base a finding that the city was negligent, we think that the finding of the jury, implicit in its verdict, that such negligence was a proximate cause of the accident is against the weight of evidence. We are unable, *758however, to sustain that part of the order by which the verdicts of no cause for action in favor of the…