Legal Opinion
Beck v. Dutra
Supreme Court of Vermont
Decided December 7, 1971No. 6-71PublishedCited by 11 opinions
1Opinion of the CourtKeyser, J.
The defendants appealed from the verdict and judgment in favor of the plaintiff on two grounds, (1) failure of the court to grant their motion for a directed verdict and (2) failure of the court to charge assumption of the risk.
Defendants’ motion for a directed verdict cannot properly be granted if there is evidence fairly and reasonably tending to support the verdict. State v. Shuttle, 126 Vt. 379, 383, 230 A.2d 794 (1967). The tendency of the evidence, not its weight, is to be considered and contradictions and contrary inferences are for the jury to resolve. Valente, Gdn. v. Comm. Ins. Co.,…
2Cases cited6 opinions
- Roman v. KingSupreme Court of Missouri · 1921
- Killary v. Burlington-Lake Champlain Chamber of Commerce, Inc.Supreme Court of Vermont · 1962
- Smith v. MonmaneySupreme Court of Vermont · 1969
- Valente v. Commercial Insurance Co. of Newark, NJSupreme Court of Vermont · 1967
- Dooley v. Economy Store, Inc.Supreme Court of Vermont · 1937
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Thomas v. Panco Management of Maryland, LLCCourt of Appeals of Maryland · 2011
- Zook v. BaierCourt of Appeals of Washington · 1973
- Merrill v. RevilleSupreme Court of Vermont · 1977
- Johnson v. FisherSupreme Court of Vermont · 1973
- Waite v. BrownSupreme Court of Vermont · 1973
6 more not listed; retrieve them via the Exa API.