Proctor Electric Co. v. Zink

Proctor Electric Company (Proctor), the plaintiff below, has appealed from a judgment for the appellees, Alan R. Zink, trading as Western Welding Company (Zink), and Gilbert Cummins & Company, Inc. (Cummins), for costs, entered by direction of the trial court at the conclusion of the plaintiff’s case.

When reviewing the correctness of the direction of a verdict in favor of the defendants, we must resolve all conflicts in the evidence in favor of the plaintiff and assume the truth of all evidence and such inferences as may naturally and legitimately be deduced therefrom which tend to support…