McCurry v. Young Men's Christian Ass'n

I cannot emphasize too strongly that the issue to be decided by us in the pending appeal to this court is not whether the plaintiff is entitled to recover on the merits of his action under the evidence adduced at the trial but, rather, whether the plaintiff was entitled to have his evidence submitted to the jury for its determination on the issues involved in the case. It must be remembered that this case was not submitted to the jury for its determination; but, on the contrary, the trial court sustained the defendant’s motion for a directed verdict at the close of the plaintiff’s evidence,…