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University of Michigan Law School

Michigan Law Review

1940

Barn roof

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Trial - Directed Verdict Where Testimony Is Conflicting, Edward S. Biggar May 1940

Trial - Directed Verdict Where Testimony Is Conflicting, Edward S. Biggar

Michigan Law Review

Defendants engaged the plaintiff to repair a barn roof. In his suit to recover damages for injuries sustained while on the defendants' premises, the plaintiff testified that he had been struck by a truck which one of the defendants had been driving. The defendants testified that they had discovered the plaintiff lying injured at the side of the barn, near a ladder which had been placed against it. Defendants moved for a directed verdict, which was denied, and after a verdict for the plaintiff, defendants appealed from the denial of their motion for judgment notwithstanding the verdict. Held, that …