¶1 (Dissenting) :—Merely because the verdict would have been set aside on motion for a new trial is no warrant to sustain -direction of a verdict. This court h-as said the principles controlling setting aside verdicts and directing verdicts are not the same. Sec. 73 Fla. 700. Directed verdict' would be error no matter what the weight of the evidence was in favor of defendant under the authorities.
¶2 Brown, J., concurs.