Hall v. Corning

The plaintiff landowners received a jury verdict in their action for trespass. The trial court granted defendants’ motion for a new trial. Plaintiffs appeal. *35The issue is whether the defendants are vicariously liable for the acts of a bulldozer operator.

The motion for a new trial was based upon the ground that there was insufficient evidence to send the case to the jury.① For this reason the evidence will be considered in its form most favorable to plaintiffs.

When a motion for a new trial is granted upon the ground that there is no evidence upon which to submit the case to the jury, the trial…