Layng v. Mount Shasta Mineral Spring Co.

This is an action to recover damages for

personal injuries. Defendant appeals from a judgment rendered against it, and also from the order denying a motion for a new trial.

Does the evidence support the verdict ? A consideration of this question necessarily presents the legal soundness of the action of the court in denying a nonsuit. As to the sufficiency of the evidence, the interrogatory at once presents itself, Was the defendant guilty of negligence, and if so, was the plaintiff guilty of contributory negligence ? In the discussion of these questions it must be borne in mind that they come…