Marquis v. Marquis

This is an appeal from a judgment following a directed verdict in favor of defendant, E.H. Marquis. Plaintiff-appellant, Herman Marquis, contends that the trial court erred by directing a verdict for the defendant on plaintiff's negligence and wantonness counts. We agree and reverse the grant of directed verdict as to both counts of plaintiff's complaint.

Plaintiff and defendant are brothers. In January 1983, plaintiff, at the request of the defendant, assisted defendant in cutting firewood on defendant's land. Defendant cut a large tree with his chainsaw, but the tree became lodged on top of…