McGOVERN v. HITT

No. 5621.

64 F.2d 156 (1933)

McGOVERN v. HITT et al.

Court of Appeals of the District of Columbia.

Decided March 6, 1933.


Attorney(s) appearing for the Case

P. Michael Cook, of Washington, D. C., for appellant.

Walter C. Clephane, J. Wilmer Latimer, and Gilbert L. Hall, all of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.


HITZ, Associate Justice.

In this case the trial court directed a verdict for the defendants on plaintiff's opening statement, which is the ground of this appeal.

Ordinarily, the opening statement of counsel is intended merely to advise the jury with regard to the questions involved and to inform them of the facts on which the plaintiff relies to recover, and generally the court would not be justified in stopping the trial unless it was clearly apparent that...

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