Burleson v. Caledonia Sand & Gravel Co.

This is an action of tort tried before the Washington County Court by jury trial, on April 17, 1968. At the close of the plaintiff’s evidence, the defendant’s motion for a directed verdict in its favor was granted by the trial court. The appeal here is from the claimed error on the part of the lower court in granting the motion for- the directed verdict.

A review of the evidence, taken in the light most favorable to the plaintiff, in the trial below is necessary for our determination of the questions presented. If there is any substantial evidence fairly and reasonably tending to support the…