(DOWNLOAD) "Westergard v. Peterson" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Westergard v. Peterson
- Author : Supreme Court of Montana
- Release Date : January 16, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Submitted June 6, 1945. 1. Appeal and Error — Trial — View of evidence by court on non-suit and directed verdict — Verdict, different conclusions of reasonable men. On appeal from a judgment entered on motion for non-suit or on a verdict directed for the defendant at the conclusion of all the evidence, court must view the evidence from the standpoint most favorable to the plaintiff, and every fact must be deemed proved which the evidence tends to prove, and a case should not be taken from the jury by granting a motion for non-suit or directing a verdict when the evidence is such that reasonable men might draw different conclusions therefrom. 2. Automobiles — Burden on guests to show gross negligence. In an action by automobile guests against their driver for injuries sustained in a collision, the burden was on the guests to show the driver's gross negligence or reckless operation of the automobile because, as guests, they assumed the ordinary negligence of the driver. 3. Automobiles — Evidence of gross negligence sufficient to go to jury. In automobile guests' action against the driver of an automobile in which they were riding for injuries sustained in colliding with an overtaken vehicle, evidence of such driver's gross negligence in driving at an excessive speed was sufficient for the jury. 4. Automobiles — Testimony not unworthy of belief. In automobile guests' action against the driver for injuries sustained in a collision, guests' testimony that the parties were not intoxicated, on issue of guests' contributory negligence in riding with an intoxicated driver, was not unworthy of belief in view of the evidence as to the amount of drinking by the parties on the trip. 5. Automobiles — Question of contributory negligence held for jury. On the issues of whether the guests injured in the automobile accident were contributorily negligent in riding with the alleged intoxicated driver, and whether such driver was intoxicated and the extent thereof were for the jury under the evidence.
 "Westergard v. Peterson" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}