Kelly v. International Harvester Company

BOBBITT, Chief Justice.

Plaintiff states, as the sole question presented, the following: “Was the evidence presented at trial, taken in the light most favorable to the plaintiff, sufficient to withstand motion for a directed verdict?” (Our italics.) In the discussion of this question, plaintiff ignores all particular findings of fact and conclusions of law made by Judge Collier and undertakes to establish that the evidence “presented a question for the jury.”

The question now presented correctly by plaintiff is the identical question which was presented to the trial court by defendant’s motion…