128 Fla. 418 - Talley v. McCain

How this case has been cited

Cited by 30 later decisions — most recently July 1974 · most notably 110 So. 2d 669 - Cloud v. Fallis (1959), Hollywood, Inc. v. Clark (1943)

2 federal appellate · 28 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Davis, J.

¶1 (concurring). — For the most recent opinion of this subject see. Aetna Ins. Co. v. Kennedy, 57 S. Ct. 908, 81 L. Ed. ......, decided May 17, 1937, wherein a full discussion is to be found. Conceding the propriety of the practice of submitting a case to a trial jury on a reserved ruling on a motion for directed verdict, even with consent of the parties, the limit of the court’s' authority in the prem *424 ises, after verdict actually rendered, is to thereáfter grant a new trial on the ground that the verdict should have been directed for the opposite party as a) matter of law which would therefore make the verdict contrary to law a recognized ground for new trial. I think the Court could grant a new trial without separate motion under such circumstances.