Powell v. Schofield

This is an action for damages incurred in an automobile collision. A trial was had to a jury resulting in a verdict and judgment for plaintiff in the sum of $5250 and defendant has appealed. Error is assigned in overruling the general and special demurrer offered by defendant at the close of plaintiff’s testimony. Defendant, did not stand on his demurrer but offered evidence in his defense. Plaintiff is therefore entitled to the benefit of all favorable evidence in the whole case and may- use defendant’s evidence in support of his own. [Kummenacher Drug Co. v. Chouteau, 296 S. W. 255; Hague…