State v. Auffart

CONCURRING OPINION.

TRIMBLE, J. —

I concur in the foregoing opinion, but inasmuch as appellant seems to have been induced to take the position he does by my opinion in Board ex rel. v. McPherson, 172 Mo. App. 369, it may not be amiss to say a few words in regard thereto. In that case the sole question was whether the court had erred in taking the case from the jury, and it was stated that if a single fact involved were in dispute, *138then it was error to direct the jury to return a particular verdict. But since there was no dispute over the facts showing that the road had been dedicated in pais by…