Legal Opinion

Maxwell v. Lewis

Nebraska Supreme Court

Decided April 23, 1971No. 37709PublishedCited by 13 opinions

1Opinion of the CourtSpencer, J.

This is an action for personal injuries suffered in a fall on an icy stairway leading to defendant’s place of business. At the close of all the evidence, the trial court sustained defendant’s motion for dismissal. We reverse the judgment.

A motion for a directed verdict must be treated as an admission of the truth of all material and relevant evidence submitted on behalf of the person against whom the motion is directed, 'and such party is entitled to have every controverted fact resolved in his favor and to have the benefit of every inference that can reasonably be deduced from the evidence.…

2Cases cited3 opinions

  1. Griess v. BorchersNebraska Supreme Court · 1955
  2. Nance v. Ames Plaza, Inc.Nebraska Supreme Court · 1964
  3. Kozloski v. Modern Litho, Inc.Nebraska Supreme Court · 1967

3Cited by13 opinions

  1. Hubert Y. Linn v. Roy M. Garcia and Milo MallyCourt of Appeals for the Eighth Circuit · 1976
  2. Goulart v. Canton Housing AuthorityMassachusetts Appeals Court · 2003
  3. Sullivan v. Geo. A. Hormel and Co.Nebraska Supreme Court · 1981
  4. Makeeff v. City of BismarckNorth Dakota Supreme Court · 2005
  5. Schmidt v. OrtonNebraska Supreme Court · 1973

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