Anderson v. Hinshaw

Citations

• 110 Cal. 682
• 43 P. 389
• 1896 Cal. LEXIS 534

Syllabus

<p>Negligence—Pall of Derrick Mast—Interference with Guy Ropes— Conflicting Evidence.—Where the plaintiff was injured by the fall of a derrick mast upon which he had climbed for the purpose of adjusting a block and tackle, and there is evidence tending to show that the defendant was negligent in attempting to change one of the two guy ropes by which the mast was sustained, the decision in favor of the plaintiff cannot be disturbed by reason of conflicting evidence to the contrary.</p> <p>Id.—Overruling Motion for Nonsuit.—Where there is sufficient testimony to justify the court in submitting the facts to a jury, it is proper to overrule a motion for a nonsuit.</p> <p>Id.—Appeal—Instructions not Excepted to.—Instructions given by the court to the jury which were not excepted to cannot be considered upon appeal</p> <p>Id.—Order Denying New Trial—Discretion.—Where it does not appear that the court abused its discretion in denying the motion for a new trial, its order will not be interfered with upon appeal, although, if the motion had been granted, the appellate court could not have disapproved the order.</p>