(DOWNLOAD) "Burns v. Fisher" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Burns v. Fisher
- Author : Supreme Court of Montana
- Release Date : January 20, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
APPEAL AND ERROR ? TRIAL ? DEATH ? EVIDENCE ? AUTOMOBILES. 1. Appeal and Error ? Interpretation of evidence by Supreme Court. In reviewing trial courts action in sustaining a motion for non-suit, Supreme Court must deem every fact true which the evidence tends to prove and interpret the evidence in the light most favorable to the plaintiff. 2. Trial ? When case taken from jury. If the evidence is such that a recovery cannot be had on any reasonable view, it is proper for the trial court to take the case from the jury. 3. Death ? Proof of instantaneous death. Where administrator brought action to recover for wrongful death as result of truck collision, it was incumbent upon administrator to prove that death of deceased was not instantaneous. 4. Death ? Evidence insufficient to show death not instantaneous. Evidence was insufficient to show that deceaseds death was not instantaneous within rule that there can be no recovery where death was instantaneous. 5. Evidence ? Hypothetical question. Hypothetical questions must be based upon evidence before the court at the time they are asked. 6. Automobiles ? Negligence as matter of law. Where truck was stalled on highway at nighttime, driver was guilty of negligence as a matter of law in failing to place warning flares in compliance with statute. - Page 27
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