Arizona Binghampton Copper Co. v. Dickson
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Yavapai. John J. Sweeney, Judge. STATEMENT OP PACTS. Appellee, administrator, as plaintiff below, brought suit against appellant, defendant below, charging the latter with acts of negligence that resulted in the death of Harry A. Dickson, his intestate, to the damage of the estate.
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APPEAL from a judgment of the Superior Court of the County of Yavapai. John J. Sweeney, Judge. STATEMENT OP PACTS. Appellee, administrator, as plaintiff below, brought suit against appellant, defendant below, charging the latter with acts of negligence that resulted in the death of Harry A. Dickson, his intestate, to the damage of the estate. The case was tried before a jury, and the jury, after hearing the evidence and the arguments of counsel, under instructions to which no exceptions are taken, returned a verdict for $15,000, and judgment was entered for that amount in favor of plaintiff.…
1Opinion of the CourtRoss, C. J.
(After Stating the Facts as Above.)— At the close of plaintiff’s case the defendant moved the court for a directed verdict “for the reason that the evidence wholly failed to show that the death of plaintiff’s intestate occurred through any negligence on the part of appellant.” The refusal to grant this motion is assigned as error. A motion of this kind is regarded as admitting the truth of whatever competent evidence the opposing party had introduced, and challenging its sufficiency to support a verdict. If, therefore, the plaintiff’s evidence and the reasonable inference therefrom,…
2Cases cited31 opinions
- United States v. RossSupreme Court of the United States · 1876
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- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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