Smith Ex Rel. Smith v. Burleson

CAMPBELL, Judge.

This appeal presents one question, and that is whether the trial court committed error in directing a verdict on the issue of negligence in favor of the plaintiff.

The burden of proof on the negligence issue rested upon the plaintiff. Ordinarily, it is not permissible to direct a verdict in favor of a litigant on whom rests the burden of proof. When facts are judicially admitted and are no longer a subject of inquiry, then it is not only permissible, but it is the duty of the judge to answer the issue. The function of the jury is to ascertain the facts. They have no duty when…