Boatner v. Gates Bros. Lumber

My dissent relates to a matter of trial procedure: I think the case should be affirmed in its entirety because there is evidence in the record to support the result reached by the Trial Court, and the judgment was on general issues instead of special findings.

At the conclusion of the evidence, each side requested an instructed verdict, and the Court told the Jury:

‘ ‘ Gentlemen of the Jury: Simultaneous motions were made in this case by the attorneys for the plaintiff and the defendant for an instructed verdict in this case on the same grounds, and the Court is taking that as an agreement by…