[DOWNLOAD] "Cox v. Vernieuw" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Cox v. Vernieuw
- Author : Supreme Court of Wyoming
- Release Date : January 08, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The only issue meriting discussion in this case is whether the defense premised upon an Act of God is proper in a case in which recovery is sought on a negligence theory. In this instance the asserted Act of God was a physical defect of the driver of a motor vehicle. The trial court did instruct the jury on the Act of God defense in the case of the appellant Cox, and in the non-jury trial in the other appellants cases the court found that the accident was a result of an Act of God. We shall hold that the defense of an Act of God became the law of the case as to Cox because no objection was made to the instruction. With respect to the other appellants we shall hold that a physical defect is not within the definition of an Act of God, and we shall expand the issue to encompass a rule that the defense of an Act of God should not be considered in any case in which recovery is sought upon a theory of negligence. In such a case the defense of an Act of God is superfluous. We will affirm the judgments for the defendants.