[DOWNLOAD] "Mullins v. City of Butte" by Supreme Court of Montana * Book PDF Kindle ePub Free

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eBook details

• Title: Mullins v. City of Butte
• Author : Supreme Court of Montana
• Release Date : January 23, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Personal Injuries ? Cities and Towns ? Defective Sidewalk ? Contributory Negligence ? Improbability of Plaintiffs Evidence ? Excessive Verdict. Personal Injuries ? Contributory Negligence ? Question for Jury. 1. The question of contributory negligence in a personal injury action is generally one of fact for the jurys determination; it is only when but one reasonable conclusion can be reached from the facts that the court will determine it as a matter of law. Same ? Pregnant Woman not Guilty of Contributory Negligence in Running on Defective City Sidewalk. 2. The act of a pregnant woman running on a concrete sidewalk when she fell on a defective portion thereof may not be held to show contributory negligence on her part, her obligation to foresee and provide against neglect of duty by the public authorities having been no greater, because of her physical condition, than that of any other member of the community. Same ? Knowledge of Defect in Sidewalk ? Running on Sidewalk With Such Knowledge not Contributory Negligence as Matter of Law. 3. The fact that plaintiff, injured by a fall, knew of the existing defect in a sidewalk and in addition had been warned against running by her husband, who accompanied her, did not constitute contributory negligence on her part as a matter of law; knowledge of the existence of an offending instrumentality not constituting such negligence. Same ? Evidence of Plaintiff Held not so Improbable as to Present Question of Law. 4. Evidence introduced in behalf of plaintiff held not so contradictory as to invoke the rule that because of its improbability - Page 602 the solution of the case becomes a question of law, but rather to present a case of contradictions relating to trivial matters addressed to the jury charged with the duty of passing upon the weight of the evidence and the credibility of the witnesses. Same ? Verdict Held not so Excessive as to Warrant Reversal of Judgment. 5. Verdict for $5,000 awarded a woman for injuries sustained by a fall on a defective sidewalk, resulting in a sprained ankle, injury to the ligaments of one leg, a sprained back, a miscarriage and displacement of the uterus, though "dangerously near to being excessive," held, not so large as to shock the conscience and understanding as to warrant reversal of the judgment.

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