Rogers v. Allis Chalmers Mfg. Co.

ROSS, PJ,

(dissenting):

Judgment was rendered for the defendant upon the opening statement of counsel for plaintiff, upon a verdict instructed by the court rendered upon the motion of the defendant for same.

The plaintiff was given the opportunity to amplify his statement upon one issue only, to-wit, that the liability of the defendant was predicated upon the rule of respondeat superior, or as the court stated, the scope of employment or agency.

Such a motion so directed partakes much of the character of a demurrer. In effect, it admits the stated allegations of proposed proof are true, but…