Cleaver v. Bert Johnson Orchards, Inc.

Kirby,' J.

The only question for determination is whether the court erred in taking the case from the jury and directing the verdict for appellee.

■ The settled rule for its determination is:

“ In determining on appeal the correctness of the trial court’s action in directing a verdict, the rule is to take that view of the evidence that is most favorable to the party against whom the verdict is directed, and, where there is any evidence tending to establish an issue in favor of the party against whom the verdict is directed, it is error to take the case from the jury.” Cruce v. Mo. Pac. Rd. Co.,…