Cooper v. North Coast Power Co.

The motion filed by defendants challenges the sufficiency of plaintiff’s evidence to take the question of their alleged neglect to the jury. They further assert, in effect, that the evidence ad*657chiced by plaintiff establishes the negligence of the deceased boy in contributing to the injury sustained by him. Before a recovery can be had, the plaintiff, by some competent evidence, must prove the material averments of her complaint. When the plaintiff has met that requirement, notwithstanding any view we may entertain regarding the probative weight of the testimony, we are required to heed this…