(Download) "Adami v. Murphy" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Adami v. Murphy
- Author : Supreme Court of Montana
- Release Date : January 07, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
1. Automobile ? Appeal and Error ? Evidence does not justify verdict and duty of court to set it aside. In action for injuries sustained when defendants automobile swerved from its side of the street and collided with plaintiffs automobile, evidence did not support verdict for defendant or justify the instruction regarding the negligent operation of the plaintiffs automobile and it was the duty of the Supreme Court (in the administration of justice) to set aside the verdict and the judgment based thereon. 2. Appeal and Error ? When finding by jury may be disturbed. Where the record presents a conflict in evidence, resolved by the jury in favor of a litigant, the action of the jury precludes the Supreme Court from disturbing the verdict, but such rule applies only when there is substantial evidence in the record to support the verdict such as will convince reasonable men and on which such men may not reasonably differ as to whether it establishes litigants case. 3. Appeal and Error ? Ruling on sufficiency of evidence on motion for new trial reviewable. Ruling on motion for a new trial on the ground that evidence was insufficient to justify the verdict and that the verdict was against the law, is reviewable regardless of whether other methods were first employed to call insufficiency of evidence to the attention of the trial court and provide an opportunity for ruling thereon. 4. Appeal and Error ? New trial ? Failure to make timely motion does not deprive litigant of a right of review on appeal. Failure to make a timely motion for non-suit or directed verdict did - Page 173 not deprive litigant of the right to have the question of insufficiency of the evidence to sustain the verdict determined by the trial court on motion for a new trial and reviewed on appeal from an adverse ruling. 5. Automobiles ? Confusing instruction. In this action, wherein defendant filed cross-complaint, the instruction on contributory negligence and proximate cause was confusing. 6. Appeal and Error ? Instructions not objected to not reviewable on appeal. Where instructions were given without objection, plaintiff could not, on appeal, complain that the instructions were prejudicial. 7. Appeal and Error ? Automobiles ? Contributory negligence. Where the defendant filed a cross-complaint but there was failure of proof of either primary or contributory negligence on the part of the plaintiff, the submission of the issue of the plaintiffs negligence was prejudicial and whether the defendant was negligent and whether negligence, if any, was the proximate cause of the collision, were the only questions properly submitted to the jury.