Huebotter v. Follett

I cannot agree with the conclusion reached by Mr. Justice Schauer that where there are two issues of fact, it is prejudicial error justifying a reversal for the trial judge to correctly instruct the juryi in regard to the one upon which the evidence is uncontradicted, if the verdict is consistent with and supported by all of the evidence in the case. An issue upon which there is no contradictory evidence and concerning which only one reasonable inference can be drawn should be ruled upon by the court as a question of law (Bibb v. Allen, 149 U.S. 481, 493 [13 S.Ct. 950, 37 L.Ed. 819]; *772Upton v.…