Mesich v. Board of County Com'rs of McKinley Co.

BRICE, Chief Justice.

This action was brought to recover compensation for the taking and damaging of private property for public use. At the close of appellants’ (plaintiffs’) testimony the trial court sustained a motion of appellee (defendant) for an instructed verdict, and thereupon judgment was entered for •appellee.

In passing upon the motion the trial court was required to assume the truth of all that part of the testimony which ■supported appellants’ case, together with all favorable inferences that could be reasonably deduced therefrom and discard all unfavorable testimony and…