Ulmen v. Schwieger

I am unable to subscribe to the views of the majority with respect to the nonliability of defendant Roscoe.

In considering this question we must keep in mind the well-settled rules that the verdict of the jury will not be set aside if there is any substantial evidence to support it, and that the evidence, when conflicting, must be viewed in the light most favorable to the prevailing party. On motion for nonsuit the evidence must be taken to establish whatever it fairly tends to prove. (Boyd v. Great Northern R. Co., 84 Mont. 84, 274 P. 293.) And when defendant does not stand on his motion, but…