Smith v. Pabst

The following opinion was filed December 5, 1939:

Nelson, J.

In the interest of clarity and convenience, we shall consider the facts and the applicable law as though only the appeal of Elizabeth were before us. Clearly the decision upon her appeal rules the appeal by her father.

Upon the closing of the testimony, the defendant moved for a directed verdict. The court granted the motion. The motions subsequently made to declare a mistrial and for a new trial were denied. The plaintiff contends that the trial court erred in refusing to submit the case to the jury and in directing a verdict.

It is…