Bass v. Boetel & Co.

I dissent. The case should be not only reversed, but also dismissed. The plaintiffs failed to adduce evidence from which the jury could determine the value of the converted property without indulging in speculation and conjecture. Therefore the defendants’ motion for a directed verdict should have been granted. . The effect of the majority opinion is to allow a new trial to the plaintiffs so that they may remedy their own deficiencies of proof. This constitutes a departure. from well-established procedural rules, the substance of which is that a party who fails to obtain a verdict (or against…