Looney v. Pickering

The plaintiffs-appellants, John J. and Judith C. Looney, brought their action in the county court for Douglas County, alleging negligence by the defendants-appellees, William and Mary Ann Pickering, doing business as Mar Enterprises. The county court dismissed the plaintiffs’ petition at the close of the plaintiffs’ case. On appeal to the district court for Douglas County, the dismissal was affirmed.

In considering a directed verdict or motion to dismiss at trial, this court has held: “ ‘. . . [T]he trial court resolves the controversy as a matter of law and may do so only when the facts are…