Gillum v. Skelly Oil Co.

R. JASPER SMITH, District Judge.. For consideration here is “Joint and Separate Motion of Defendants for a Directed Verdict at the close of Plaintiff’s Evidence, or for Summary Judgment in favor of Defendants.”

The circumstances giving rise to the motion are, to say the least, unusual. The action was originally filed in the Circuit Court of Jackson County, Missouri, against the two defendants named in the caption and Richard W. Kerr, a resident of Missouri. Trial was commenced to a jury. At the close of plaintiff’s evidence, plaintiff voluntarily dismissed as to defendant Kerr,- the only…