[Download] "Reynolds v. Trbovich" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Reynolds v. Trbovich
- Author : Supreme Court of Montana
- Release Date : January 20, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
1. Appeal and error ? Substantial evidence rule. Where evidence conflicts, Supreme Court may review evidence to determine whether there is substantial evidence in record to support verdict of jury, and must accept evidence there found as true, unless that evidence is so inherently impossible or so improbable as not to be entitled to belief, and where a verdict is based upon substantial evidence which from any point of view could have been accepted by jury as credible, it is binding upon Supreme Court, although it may appear inherently weak. 2. Appeal and error ? Judgment not disturbed. Where district court approved of the verdict by denying the motion for a new trial, and where the evidence is in conflict, the Supreme Court will not substitute its judgment for that of the district court. 3. Evidence ? How preponderance is established. The preponderance of the evidence may be established by a single witness as against a greater number of witnesses who testify to the contrary. 4. Instructions. Instructions are to be taken and read together, the whole as one instruction. 5. Trial ? Instruction here not prejudicial. In action against landlord for injuries sustained when plaintiff tenant fell while walking down stairway leading from hallway to street level, instruction respecting duty of plaintiff to discover and avoid danger which plaintiff alleged was brought about by negligence of defendant, was not prejudicial to plaintiff in view of other instructions.