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eBook details

• Title: Burns v. Goynes
• Author : Supreme Court of Minnesota
• Release Date : January 27, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

As the result of an accident involving an automobile owned and operated by Howard William Goynes and a mail truck owned by Royce Dean Blackburn and operated by his employee Ernest James Burns, two cases in one declaration were filed at law in the Circuit Court for Anne Arundel County. Goynes individually sued Burns and Blackburn claiming $60,000 for personal injuries and property damage, and with his wife, Agnes, sued them for loss of consortium, claiming $25,000. The cases went to trial before a jury on a general issue plea. At the close of all the evidence the defendants moved for a directed verdict in their favor as to each case, Maryland Rule 552 a, and the motions were denied. The plaintiffs moved for directed verdicts in their favor and the trial court reserved its decisions thereon. Rule 552 c. On 9 September 1971 the jury found for the defendants and judgment nisi was entered for them against the plaintiffs for costs. On 14 September the plaintiffs filed a motion for judgment N.O.V. or in the alternative a new trial. Rule 563 a 1 and 3. On 1 October the motion was heard. The court said it felt "it erred in not directing the matter of liability in favor of the plaintiff * * *. For that reason, the motion for a new trial will be granted." Counsel for the plaintiffs asked the court "if the Motion for Directed Verdict which you have reserved upon has been granted and whether the new trial is for damages only?" The court replied that the new trial will be for damages only. Counsel for the defendants inquired: "Now, Your Honor,

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