[DOWNLOAD] "Wilcox v. Smith Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Wilcox v. Smith Et Al.
- Author : Supreme Court of Montana
- Release Date : January 04, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Personal Injuries ? Automobiles ? Action Against Master and Servant ? When Non-suit as to Master Proper. Personal Injuries ? Trial ? Motion for Non-suit Admits, What. 1. A motion for non-suit (in a personal injury action) admits the truth of plaintiffs evidence and every inference of fact that can be legitimately drawn therefrom. Same ? When Only Case to be Withdrawn from Jury. 2. No case should ever be taken from the jury on motion for non-suit when reasonable men may draw different conclusions from the evidence, or where there is substantial evidence to support the complaint, but only where from the undisputed facts the conclusion necessarily follows, as a matter of law, that recovery cannot be had on any view which may be reasonably taken from the facts established. Same ? Automobiles ? Master and Servant ? Car Driven by Servant ? When Only Master Liable for Injuries to Third Person. 3. The owner of an automobile is not liable for injuries sustained by a traveler in a collision while the car was being driven by his employee, unless the driver was at that time acting within the scope of his authority and in regard to the owners business. Same ? Automobile Accident ? Master and Servant ? Non-suit Held Proper Under Evidence as to Master of Offending Driver of Automobile. 4. In an action for personal injuries against two oil-producing companies and an individual employed by both in looking after the pumping of their wells some nine miles from a town to which the latter