Offutt v. Barrett
Mississippi Supreme Court
Offutt v. Barrett, 106 Miss. 31 (Miss. 1913)
63 So. 333
Reed
Offutt v. Barrett
Opinion of the Court
delivered the opinion of the court.
Upon the trial of this case when the plaintiff and defendants had both rested, the court instructed the jury to find for the defendants. We think the court erred in doing this. The record discloses a clear conflict in the testimony for the plaintiff and defendants. We cannot say that the evidence adduced would not be sufficient to uphold a verdict for the plaintiff. We believe that the case should have been submitted to the jury.
Reversed and remanded.
Reference
- Full Case Name
- A. D. Offutt v. C. P. Barrett
- Status
- Published
- Syllabus
- Tbial. Conflicting evidence. Question for jury. Where on the trial of a case the evidence is conflicting and the court cannot say that it is not sufficient to uphold a verdict for the plaintiff, a peremptory instruction for the defense should not he given.