James v. Robertson
Utah Supreme Court
Appeal .from. District Court, Third District; Hon. M. L. Ritchie, Judge. Action, by Jane James against J. E. Robinson. Jndgment for plaintiff. Defendant appeals. APPELLANT^ POINTS. “In order that a decision of fact may be exempt from disturbance for not being’ supported, on tbe ground tbat thei’e is evidence on both sides, there must be substantial evidence on both sides — in other words, there must be a substantial conflict.
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Appeal .from. District Court, Third District; Hon. M. L. Ritchie, Judge. Action, by Jane James against J. E. Robinson. Jndgment for plaintiff. Defendant appeals. APPELLANT^ POINTS. “In order that a decision of fact may be exempt from disturbance for not being’ supported, on tbe ground tbat thei’e is evidence on both sides, there must be substantial evidence on both sides — in other words, there must be a substantial conflict. And although a finding by a jury or trial will not be distributed on the ground that it is not warranted by the evidence where there is presented a fair, reasonable…
1Opinion of the CourtFrick, C. J.
This action was instituted by respondent to recover damages for tbe loss of the sight of one eye, which she alleged was caused through appellant’s unskillfulness and negligence. Respondent, in her complaint, among other things, alleged: “That on the 26th day of February, 1906, the plaintiff went to the office of the said defendant, at Bingham Junction, Utah, and that then and there, a.t plaintiff’s request, the defendant was employed to remove a cyst from the upper eyelid of plaintiff’s right eye. “That after the defendant removed said cyst from defendant’s eye, as aforesaid, the said…
2Cases cited7 opinions
- Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Pettigrew v. Lewis & WillardSupreme Court of Kansas · 1891
- Law, Co. v. SmithUtah Supreme Court · 1908
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3Cited by25 opinions
- Whetstine v. MoravecSupreme Court of Iowa · 1940
- Lanier v. TrammellSupreme Court of Arkansas · 1944
- King v. Union Pac. R. Co.Utah Supreme Court · 1949
- Tremelling v. Southern Pacific Co.Utah Supreme Court · 1917
- Uptown Appliance & Radio Co., Inc. v. FLINTUtah Supreme Court · 1952
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