Rogge v. Weaver
Alaska Supreme Court
1Opinion of the Court
NESBETT, Chief Justice.
Plaintiff’s evidence presented a prima facie case aided by a presumption at the time he rested. The trial judge, sitting without a jury, was not persuaded that plaintiff had sustained his burden of .proof. The question to be decided is whether involuntary dismissal under Rule 41(b) was properly granted at this point in the trial.
The complaint alleged that on or about March 10, 1952, an agent of defendants was operating a Mack truck towing a full trailer in a southerly direction on the Richardson Highway near mile post 49; that the agent so negligently operated the…
2Cases cited23 opinions
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- United States v. FornessCourt of Appeals for the Second Circuit · 1942
- Albert Ettore v. Philco Television Broadcasting Corporation, Clayton, Inc. & Chesebrough Manufacturing Company, ConsolidatedCourt of Appeals for the Third Circuit · 1956
- Bach v. Friden Calculating MacH. Co.Court of Appeals for the Sixth Circuit · 1945
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3Cited by62 opinions
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- Cutts v. CaseySupreme Court of North Carolina · 1971
- State v. PhillipsAlaska Supreme Court · 1970
- Ferrell v. BaxterAlaska Supreme Court · 1971
- Tillman v. BaskinSupreme Court of Florida · 1972
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