MacArthur v. Dead River Company

ARCHIBALD, Justice.

The plaintiffs, Carol MacArthur and her two minor children, were seriously burned in a fire which destroyed an apartment house in which they were living in Woodland. The action against the defendants was premised on negligence. At the conclusion of the plaintiffs’ case the defendants moved for a directed verdict, which motion was granted. Subsequently the plaintiffs filed a motion for a new trial primarily because a subpoenaed witness failed to appear and it was claimed that her testimony, had it been available, would have established a basis for allowing the case to go to…