Zeigrist v. Speer

Citations

• 29 Del. 437
• 6 Boyce 437
• 100 A. 470
• 1917 Del. LEXIS 11

Syllabus

<p>1. Master and Servant—Injuries to Servant—Questions for Jury.</p> <p>In law action for alleged negligent death of servant by falling from scaffold defectively fastened, erected of old lumber, and not properly supported, the case could not go to the jury where there is no evidence that the collapse of the scaffold was due to any of the defects alleged.</p> <p>2. Trial—Conduct of Trial—Taking Case from Jury.</p> <p>While the court will always hesitate to take a case from the jury, nevertheless, when in its judgment plaintiff has failed to produce sufficient evidence to warrant the jury in finding in her favor, it is its duty so to do.</p> <p>3. Master and Servant—Injuries to Servant—Questions for Jury.</p> <p>In an action for alleged negligent death of servant, in the absence of evidence tending to prove or from which the jury could infer any negligence on the part of the master, the case should be taken from the jury.</p>