Sanders v. Brown

UDALL, Chief Justice.

Howard I. Sanders, defendant below, has appealed from a judgment against him in the sum of $4,500.00, rendered by the court sitting without a jury. Plaintiff, William R. Brown, alleged that his injuries were directly and proximately caused by the negligence of defendant in maintaining a gravel pile on the driveway near his home and failing to warn -him of it.

In this unique case there is no conflict in the evidence. The only witnesses were the plaintiff and the defendant and the latter’s wife. The only issue is whether the trial court properly applied'the law to the facts.…