Williams v. Northern Lumber Co.
U.S. Circuit Court for the District of Minnesota
At Law. Action by plaintiff, as administratrix, to recover damages for the alleged wrongful death of her intestate. After the plaintiff had rested her case, counsel for defendant moved the court to instruct the jury to find a verdict for the defendant, on the follow-in grounds: First. That there is no negligence shown on the part of the defendant by the evidence. Second.
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At Law. Action by plaintiff, as administratrix, to recover damages for the alleged wrongful death of her intestate. After the plaintiff had rested her case, counsel for defendant moved the court to instruct the jury to find a verdict for the defendant, on the follow-in grounds: First. That there is no negligence shown on the part of the defendant by the evidence. Second. That from the evidence on the part of the plaintiff it appears that the injury was caused by one of the risks incident to the business in which the plaintiff had. engaged. Third. That the evidence shows that the deceased was…
1Opinion of the CourtLochren, District Judge
(orally). This is a motion to direct a verdict in favor of the defendant. A motion o£ this kind does not call for any exercise of discretion on the part of the court. It is a matter of strict right. If the evidence tends to sustain any facts upon which the plaintiff would be entitled to a recovery in case the jury find such facts from the evidence (and upon a motion of this kind the evidence must be construed most strongly in favor óf the plaintiff), then there is a question for the jury, and the motion ought not to be granted. The fact that the son of the plaintiff was injured, so that he…
2Cited by8 opinions
- Mace v. BoedkerSupreme Court of Iowa · 1905
- Duffy v. Hobbs, Wall & Co.California Supreme Court · 1913
- Campbell v. Duluth & Northeastern RailroadSupreme Court of Minnesota · 1909
- Karabalis v. E. I. Dupont de Nemours & Co.Supreme Court of Virginia · 1921
- Demko v. Carbon Hill Coal Co.Court of Appeals for the Ninth Circuit · 1905
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