Gillilan v. Portland Crematorium Assn.

BELT, J. —

Defendant asserts there is no evidence of negligence and that its motion for a directed verdict should have been allowed. It is true there is no direct evidence as to what caused the marble shutter to fall, but this does not preclude recovery if, from all of the facts and circumstances surrounding the accident, a reasonable inference may be drawn that its falling was due to the failure of the defendant to exercise due care. The argument that there is no evidence the slab even fell does not impress us as worthy of much consideration in view of defendant’s allegations that the “child…