Calumet & Arizona Mining Co. v. Winters

JENCKES, Superior Judge.

Action under Employers’ Liability Act (chapter 6, title 14, Rev. Stats. 1913) for death of plaintiff’s intestate, Louis B. Naylor. Judgment for plaintiff upon the verdict of a jury for $10,000, and defendant appeals.

The single assignment of error is that the trial court erred in denying appellant’s motion for a directed verdict at the conclusion of all the evidence, based upon the ground that the plaintiff had failed to show that the accident which resulted in the death of decedent was not caused by decedent’s negligence. The burden of so showing is upon the plaintiff.…