Satterthwaite v. Morgan

The defendant Morgan, Jr., cláims that the trial court erred in determining he was guilty of negligence as a matter of law and in assuming that the court had authority to make such determination.

In directing a verdict for the plaintiff, the trial court must assume that all the facts claimed by way of defense and supported by evidence are true, and must also find that they do not constitute a valid defense to the case made by the plaintiff. The court may direct a verdict for the plaintiff only when there is no evidence upon which to found a verdict for the defendant. Heinsen v. Lamb, 117 Ill.,…