Fugate v. Sears, Roebuck & Co.

My disagreement with the majority has to do with the serious error and significance which I attach to the trial court’s having told the jury that as a matter of law plaintiff was entitled to recover from one or more of the defendants. I think the majority has not really dealt with this question, as it seems to me to be of no consequence whether the court denied or reserved its ruling on plaintiff’s motion for directed verdict, as that fact does not, in my opinion, alleviate any logical inconsistency (as stated by the majority), but, rather, aggravates it. If logic were to be determinative,…