Baer v. Schaap

I disagree with the present opinion of this court, which sets aside our former opinion herein upon the ground that the evidence is not sufficient to justify submitting the cause to a jury. In my opinion the evidence adduced at the. trial was sufficient to justify the trial court’s submitting the issue of appellant’s liability to the jury.. In view of the fact that the author of the court’s present opinion, when referring to the evidence, uses such expressions as “undisputed,” “undisputed except by argument,” “without dispute,” “no inference can arise,” “conceded,” “witnesses agree,” “hopeless…