Scarborough v. Central Arizona Light And Power Co‪.‬

LOCKWOOD, C.J. Pauline Scarborough, called plaintiff, and D. C. Scarborough, her husband, brought suit against Central Arizona Light and Power Company, a corporation, called defendant, and John Doe, to recover damages which plaintiff alleged she had incurred through the negligence of defendant. The case came on for trial before a jury, and after plaintiff had made her opening statement, defendant moved that the jury be instructed to return a verdict for it on the ground that the opening statement of counsel did not show facts sufficient to sustain a verdict against defendant. The court took a recess, and after discussing with counsel the issues of the case, counsel for plaintiff made a specific and detailed avowal of what he expected to prove, whereupon the court granted the motion of defendant, and instructed the jury to return a verdict in its favor, which was done, and in due course this appeal was taken.