Terry v. Bishop

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court.

In the view we take of the case, we need pass upon only one of the questions raised by the assignments of error, and that is this:

1. Did the court err in setting aside the verdict of the jury in favor of the defendant?

The question must be answered in the affirmative.

The rule upon this subject is, of course, well understood. If there was evidence before the jury, of a character not physically impossible or inherently incredible, which, if credited by the jury, was sufficient to sustain the verdict, it…