Kauffman v. Schauer

This case presents the troublesome question of the discretion of the court in ruling upon a motion for a directed verdict.

Unquestionably, where the evidence responds to the issues made by the pleadings, and no showing is made or developed by the trial for not indulging the presumption, that is otherwise indulged, that the parties have presented by the evidence introduced all the facts pertinent to the controversy, it is the absolute duty of a court, upon determining that there is no evidence tending to prove plaintiff’s cause of action, or no evidence tending to prove defendant’s affirmative…