Jensen v. Barbour
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action for personal injuries. Judgment was rendered for the defendant below by Benton, J. I. The court erred in directing a verdict for the defendants. A direction of a verdict for the defendant at the close of the evidence is a nonsuit, within the meaning of section 242 of the Code of Civil Procedure.
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Appeal from Eighth Judicial District, Cascade County. Action for personal injuries. Judgment was rendered for the defendant below by Benton, J. I. The court erred in directing a verdict for the defendants. A direction of a verdict for the defendant at the close of the evidence is a nonsuit, within the meaning of section 242 of the Code of Civil Procedure. (McKay v. Railway Go., 13 Mont. 15; Oveeh v. McManus, 13 Mont. 152.) The evidence in the case at bar not only tends, but undisputably proves, a state of facts identical with those in a Pennsylvania case, in which the court says: “Under the…
1Opinion of the CourtDe Witt, J.
— Plaintiff’s complaint is for damages for personal injuries sustained while riding on defendant’s horse streetcar. The district court, upon the trial, directed the jury to find for the defendant. Plaintiff appeals from the judgment assigning error in that order. Such order must be treated as in the nature of a nonsuit, in this respect, that, if the evidence tended to prove plaintiff’s cause of action, it will be taken on appeal as proved. (McKay v. Montana Union Ry. Co., 13 Mont. 15; Creek v. McManus, 13 Mont. 152; Mayer v. Carrothers, 14 Mont. 274.)
There was evidence that the plaintiff, a…
2Cases cited10 opinions
- Robinson v. ConeSupreme Court of Vermont · 1850
- Bibb's Adm'r v. N. & W. R. R.Supreme Court of Virginia · 1891
- O'Mara v. . Hudson River R.R. Co.New York Court of Appeals · 1868
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Creek v. McManusMontana Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- King v. GallowayTexas Commission of Appeals · 1926
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- United States Fidelity & Guaranty Co. of Baltimore v. LowryCourt of Appeals of Texas · 1921
- La Bree v. Dakota Tractor & Equipment Co.North Dakota Supreme Court · 1939
- Shope v. City of BillingsMontana Supreme Court · 1929
24 more not listed; retrieve them via the Exa API.