Edward v. Knapp and Evelyn Mae Knapp v. Wabash Railroad Company, a Corporation, and Atchison, Topeka & Santa Fe Railway Company, a Corporation

MATTHES, Circuit Judge.

Appellants’ causes of action were dismissed upon motion of appellees for a directed verdict at the conclusion of the opening statement of appellants’ counsel. 1

In Best v. District of Columbia, 291 U.S. 411, 54 S.Ct. 487, 78 L.Ed. 882 (1934), the Supreme Court considered the propriety of granting a motion for a directed verdict upon the opening statement of plaintiff’s counsel. Chief Justice Hughes pertinently observed:

“There is no question as to the power of the trial court to direct a verdict for the defendant upon the opening statement of plaintiff’s counsel where…