Bommer v. Stedelin

Bommer (plaintiff) sued Stedelin (defendant) for damage to his car while it was parked in a garage, alleging the defendant managed the garage. At trial the defendant moved for a directed verdict, arguing Bommer failed to prove the management allegation. The judge indicated he would grant it after an hour's recess. Bommer asked to reopen the evidence and promised to produce proof of the defendant's management within the hour; nothing in the record showed the delay would surprise or inconvenience anyone. The judge refused, then directed a verdict for the defendant. Bommer appealed.

Whether a trial judge has broad discretion to reopen the evidence after both parties have rested their cases.