Jordan v. Talbot

SCHAUER, J.,

Dissenting. — It appears to me that upon a review of the entire record the evidence on the points at issue here should be held to be, as a matter of law, insufficient to support a judgment for the plaintiff and that affirmance of the order granting defendant’s motion for a new trial should be placed upon that ground.

Plaintiff in her opening brief states that “Briefly, the facts are, that the Appellant [plaintiff] was a tenant in the apartment house of Respondent [defendant]. Respondent served a three day notice on Appellant. Then, one day during the absence of the Appellant,…