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Annotated Forms of Pleading and Practice at Common Law; As Modified by Statutes; for Use in All Common-law States and Especially Adapted to the States ... Virginia, West Virginia, Maryland Volume 3 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... legitimate and natural inferences to be drawn therefrom, is wholly insuflicient to sustain a verdict for the plaintiff should one be returned; 1 or, if a court would be bound to set aside a verdict, when returned, for want of evidence sufficient to support it after considering only the evidence favorable to the successful party." So, a 6 Wallner v. Chicago Consolidated Asmossen v. Swift & Co., supra. Traction Co., supra. 1 Libby, McNeill & Libby v. Cook, 1 Wallner v. Chicago Consolidated _ 222 Ill. 206, 212 (1906). Traction Co., 245 Ill. 151. 11 Illinois Centrol R. C0. v. Bailey, court may rightfully direct a verdict in favor of the defendant where the facts are admitted, and the admitted facts, together with all legitimate inferences which may be drawn therefrom in favor of the plaintifi, do not tend to establish his right to a recovery; 12 or where all of the uncontradicted testimony is in favor of the party requesting the instruction and the evidence is clearly sufiicient to make out a complete case or defense without a jury's intervention." 9 Asmossen V. Swift & Co., 243 Ill. 222 Ill. 480, 485 (1906). 93, 96 (1909); Heiting v. Chicago, Rock Island & Pacific Ry. Co., 252 111. 466, 414 (1911). Thus plaintiff is guilty of contributory negligence as a matter of law and the refusal to give a peremptory instruction for the defendant is reversible error where there is no dispute as to the facts or when only the evidence most favorable to the plaintifi, with the inferences reasonably to be drawn therefrom, is considered and all reasonable minds will agree, upon consideration of the facts that the plaintiif's own negligence contributed to the injury.". If the proof sustains the allegations of the...
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- PublisherRareBooksClub.com
- Publication date2013
- ISBN 10 1236998502
- ISBN 13 9781236998507
- BindingPaperback
- LanguageEnglish
- Number of pages360
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