Busse v. Murray Meat & Live Stock Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. G. Loofbourow, Judge. Action by Arthur Busse against the Murray Meat & Live Stock Company. Judgment for defendant on nonsuit. Plaintiff appeals. APPELLANT'S POINTS. ■ A nonsuit should be granted only when the evidence wholly fails to support the demand of the plaintiff. ■ (Admns v..
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Appeal from District Court, Third District; Hon. F. G. Loofbourow, Judge. Action by Arthur Busse against the Murray Meat & Live Stock Company. Judgment for defendant on nonsuit. Plaintiff appeals. APPELLANT'S POINTS. ■ A nonsuit should be granted only when the evidence wholly fails to support the demand of the plaintiff. ■ (Admns v.. Bunker Sills & Sullivan Mining Go., 12 Ida. 637; 89 Pac. 624.) If the evidence has a legal tendency to make out a proper ease in all its parts, although it may, in the opinion of the trial judge, be slight, inconclusive, and far from satisfactory, yet it should…
1Opinion of the CourtFrick, J.
The plaintiff, as an employé of the defendant, brought this action to recover damages for personal injuries which he alleged he sustained through the negligence of the defendant. The alleged negligence consisted in the alleged failure to supply the plaintiff with a proper and safe tool or implement with which to do the work assigned him and in negligently failing to provide a guard rail around a certain platform on which he was required to work. The defendant admitted the *599employment, but denied tbe alleged negligence, and also set up tbe defenses of contributory negligence and assumed risk.
Tbe…
2Cases cited2 opinions
- Pulos v. Denver & Rio Grande RailroadUtah Supreme Court · 1910
- Quinn v. Utah Gas & Coke Co.Utah Supreme Court · 1912
3Cited by7 opinions
- Knight v. WesslerUtah Supreme Court · 1926
- Russell v. Borden's Condensed Milk Co.Utah Supreme Court · 1918
- Guitron v. Oregon Short Line R.Utah Supreme Court · 1923
- Tremelling v. Southern Pac. Co.Utah Supreme Court · 1927
- Barnhill v. Young Electric Sign Co.Utah Supreme Court · 1962
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