Burrell v. Horchem

The opinion of the court was delivered by

Burch, J.:

The action was one for damages resulting from an automobile accident occasioned by negligence of the defendants. Charles Horchem’s motion for judgment on the opening statement of counsel for plaintiff was sustained, and Harold Horchem’s objection to the introduction of evidence in support of the petition was sustained. Plaintiff appeals.

Issues are made by pleadings, not by opening statements, and a trial may not be ended on plaintiff’s opening statement unless some fact be stated or some admission be made which precludes recovery. (Brashear…