Juhasz v. Barton

Writ of error is to review judgment on verdict rendered in favor of defendant in an action wherein the right of recovery comes within the purview of Chapter 18033, Acts of 1937, known as the guest statute.

Plaintiff poses two questions which we are asked to determine on the record here, viz.:

“1. In the trial of a civil action does the attorney for the plaintiff have the right to make an opening statement to the jury ?

“2. Where the evidence overwhelmingly preponderates.. in favor of the plaintiff, and the verdict for the defendant is supported by the testimony of only one witness whose…