DeVore v. Baxter

(After stating the foregoing facts.) After a careful examination of ..the entire record including the evidence introduced, pro and con, we are of the opinion that the evidence was so conflicting upon the material issues involved that the case should have been submitted to the jury under proper instructions from the court. In directing a verdict for the defendant the court prefaced his ruling with these remarks: “ I do not think these plaintiffs are entitled to recover. In my opinion the case is controlled by the authority read by defendant’s counsel. Further, it appears from the evidence that…