SOUTHWIND TRUCKING CO., INC. v. Harvey

From the standpoint of logic I agree with what is said in the brief of the plaintiff in error in the motion to rehear, which is in substance as follows: Where the case has closed (both plaintiff and defendant having rested, although the defendant has not elected to offer any evidence) and where the plaintiff’s evidence not only fails to make out his case as laid but affirmatively disproves his right to a recovery, a verdict is demanded for the defendant, and the trial court should be empowered to direct such verdict regardless of whether or not the defendant elected to offer evidence. This is…