[DOWNLOAD] "Watson v. City of Bozeman" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Watson v. City of Bozeman
• Author : Supreme Court of Montana
• Release Date : January 19, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

1. Jury ? competency of juror ? statute not exclusive. The constitutional guaranty of an impartial jury will not be destroyed by the fact that the statute, though professing to do so, does not include all of the grounds that clearly render the juror incompetent. 2. Appeal and error ? plaintiff on same jury panel. Prejudice to the defendant cannot be presumed from the fact that plaintiff, as a member of the jury panel, had associated with other members thereof and had served on four trial juries previous to the trial of plaintiffs case. 3. Appeal and error ? judicial discretion as to jurors disqualifications. Where the prospective jurors have been examined as to bias and prejudice and the issue of qualification has been raised, a determination by the trial court that such jurors are qualified rests in sound judicial discretion and will not be set aside unless there is a manifest abuse of that discretion. 4. Appeal and error ? evidence of medical expenses not prejudicial error. Where the pleadings may be insufficient to admit evidence of medical expenses incurred by the plaintiff, yet the admission of such evidence is not prejudicial error in a case such as this where the jury awarded $500 of a claimed $5,000 and where it could not be determined whether the jury had included any amount as damages for medical expenses. 5. Municipal corporations ? notice to city of defect in street, when not required. Where a statute conditions municipal liability for defects in streets upon notice of such defect and an opportunity to repair them, such statute does not apply when the defective conditions is one of original construction. Municipal corporations are chargeable with knowledge of their own acts and those ordered by them. 6. Municipal corporations ? original faulty construction and proximate cause questions for jury. Where a pedestrian was injured when she tripped on a gutter plate which tipped when her companion stepped on the outer end of it, the questions of whether the gutter plate was defective when designed and whether such defect was the proximate cause of the injury were ones of fact for the jury.

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