Mintz v. Town of Murphy

'WiNbokne, J.

Tbe sole question bere is tbis: Considering tbe evidence shown in tbe record on tbis appeal in tbe light most favorable to plaintiff, is there sufficient evidence to take tbe case to tbe jury as against tbe defendant Town of Murphy? Tbe trial court did not consider it sufficient for tbis purpose. And in tbis ruling error is not made to appear.

In an action for recovery of damages for injury resulting from actionable negligence of defendant, plaintiff must show: (1) That there has been a failure on the part of defendant to exercise proper care in tbe performance of some legal duty…