Sherrard v. Oakley

Court of Appeals of Kentucky

Sherrard v. Oakley

413 S.W.2d 78, 1967 Ky. LEXIS 381

DecidedMarch 24, 1967

StatusPublished

This text of 413 S.W.2d 78 (Sherrard v. Oakley) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherrard v. Oakley, 413 S.W.2d 78, 1967 Ky. LEXIS 381 (Ky. Ct. App. 1967).

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Opinion

HILL, Judge.

This is an appeal from a judgment entered on a directed verdict for defendant at the close of plaintiffs-appellants’ evidence in a malpratice case against defendant-ap-pellee, a dentist.

Only two points are assigned in appellants’ statement of “points on appeal.” The first one has been abandoned, and the second asserts that: “The court erred in not sustaining Plaintiffs’ Motion for Peremptory Instruction for them.” Only a partial record has been designated by appellants and filed in this court. CR 75.04 required the filing of a “concise statement of the points on which” appellants intended to rely on the appeal.

The only question properly raised on this appeal is whether appellants were entitled to a directed verdict at the close of plaintiffs’ evidence. Clearly the trial court had no power to cut off defendant’s right to present his case, if he so desired, by sustaining a motion of the plaintiffs for a directed verdict at the close of their case.

The judgment is affirmed.

All concur.

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