[Download] "Montgomery-Ward & Co. v. Sewell" by United States Court Of Appeals Fifth Circuit. # eBook PDF Kindle ePub Free
eBook details
- Title: Montgomery-Ward & Co. v. Sewell
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 26, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The only person who could give an accurate account of the manner in which W. M. Sewell, the husband of appellee, Juanita Sewell, sustained his fatal injuries on July 17, 1950, would be the decedent. Since his lips were thereby sealed, plaintiffs, in this suit to recover damages suffered by them as a result of his death, necessarily had to rely solely upon circumstantial evidence to sustain the burden of proving their allegation that defendants negligence was the proximate cause of Sewells death. The jury, by its verdict, found that the burden thus cast upon them had been successfully carried. The trial court approved this finding by entering judgment against the alleged tort-feasor. Complaining that the court erred in overruling its motions for an instructed verdict and its motion for judgment notwithstanding the verdict, and alternatively, in permitting the jury to apply the doctrine of res ipsa loquitur in reaching its verdict, appellant insists that under the facts and applicable jurisprudence it is the duty of this court to reverse the judgment and either render judgment in its favor or remand the case for a new trial.