McGovern v. Hitt

HITZ, Associate Justice.

In this case the trial court directed a verdict for the defendants on plaintiff’s opening statement, which is the ground of this appeal.

Ordinarily, the opening statement of counsel is intended merely to advise the jury with regard to the questions involved and to inform them of the facts on which the plaintiff relies to recover, and generally the court would not be justified in stopping tho trial unless it was clearly apparent that in no circumstances could the plaintiff recover in tho action. The course which the court took in the present case is permissible only…