Rogers v. Allis-Chalmers Mfg. Co.

The question presented is whether the trial court was justified in directing a verdict for defendant at the conclusion of plaintiff’s opening statement to the jury.

There is no question that a trial court has authority to direct a verdict upon an opening statement of counsel, hut such action should be taken with extreme caution. Upon an appeal from a judgment entered on a verdict directed as in the instant case, it must be assumed that all the relevant statements as well as inferences favorable to plaintiff to be drawn from them are true, and that assuming their truth they do not furnish any…