Utley v. Standard Magnesium & Chemical Company

In my opinion, the trial court erred in sustaining Cook’s motion for judgment on *956the opening statement as the remarks of plaintiff’s counsel did not concede either error in the petition or failure of proof to sustain the petition. The gist of the remarks made by plaintiff’s counsel in the opening statement was that the evidence to be adduced in the forthcoming trial would demonstrate that defendant (s) by their actions and by the sale had impliedly warranted that the metal ladder was suited to the use to which it was intended to be put and for use in the same manner as a wooden one, i. e., it…