Watts v. Holmes, No. 3179

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtMcINTYRE
Citation386 P.2d 718
PartiesPatricia WATTS, Appellant (Plaintiff below), v. Harold HOLMES, d/b/a Holmes Auction. Appliance, and Furniture Company, Appellee (Defendant below).
Docket NumberNo. 3179
Decision Date22 November 1963

Page 718

386 P.2d 718
Patricia WATTS, Appellant (Plaintiff below),
v.
Harold HOLMES, d/b/a Holmes Auction. Appliance, and Furniture Company, Appellee (Defendant below).
No. 3179.
Supreme Court of Wyoming.
Nov. 22, 1963.

Henderson, Godfrey & Kline, Harry B. Henderson and David D. Uchner, Cheyenne, for appellant.

Williams, Wunnicke & Fennell and Mrs. Brooke Wunnicke, Cheyenne, for appellee.

Before PARKER, C. J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Justice McINTYRE delivered the opinion of the court.

The plaintiff, Patricia Watts, has sought to recover damages from Holmes Auction, Appliance and Furniture Company, for personal injuries suffered when plaintiff slipped on ice in the automobile-parking area maintained by defendant for its customers.

The case was tried to a jury, and at the close of plaintiff's evidence a verdict was directed for defendant. Mrs. Watts claims, on appeal to our court, that the jury should have been permitted to decide the issues in the case. Thus, there is presented for our consideration the question as to whether plaintiff made a prima facie case of negligence against Holmes.

The only claim of negligence asserted by plaintiff in her complaint was that defendant 'had negligently and unlawfully allowed an accumulation of clear ice to accumulate in front of its place of business and in the area where Defendant invited business invitees to park their automobiles.' The record discloses no pretrial conference and nothing of any nature which could be construed as a settlement of or assertion of any further issue on the part of plaintiff.

We therefore confine ourselves to the issue presented and look to see whether any substantial evidence was offered to prove the charge alleged. First, with respect to the unlawful accumulation of ice, the record discloses no ordinance which was violated, and no applicable statute is called to our attention. In short, it is fair to say that no attempt was made to prove defendant had unlawfully allowed ice to accumulate in its parking area.

We turn then next to the evidence to see whether there was proof that defendant had negligently allowed clear ice to accumulate in its parking area. According to plaintiff and her witnesses there was no snow and there had been no recent snow. Also, plaintiff said there was no moisture at the time of accident. The surfacing of the parking area was described by all

Page 719

witnesses as consisting of sand, dirt, gravel and rock.

There is a total absence of evidence tending to show that defendant created a situation which caused ice to...

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30 practice notes
  • Quinlivan v. Great Atlantic & Pacific Tea Co., Inc., No. 12
    • United States
    • Supreme Court of Michigan
    • November 25, 1975
    ...Ferguson v. J. Bacon & Sons, 406 S.W.2d 851 (Ky.App., 1966); Uhl v. Abrahams, 160 Mont. 426, 503 P.2d 26 (1972), and Watts v. Holmes, 386 P.2d 718 (Wyo., 1963), Inter alia, cases approving the natural accumulation rule, and Palmer Park Gardens, Inc., v. Potter, 162 Colo. 178, 425 P.2d 268 (......
  • Forbes v. Forbes, Nos. S–14–0122
    • United States
    • United States State Supreme Court of Wyoming
    • January 23, 2015
    ...Currency Totaling $7,209.00, 2012 WY 75, ¶ 24, 278 P.3d 234, 240 (Wyo.2012) ; BB, 2007 WY 4, ¶ 13, 149 P.3d at 732–33 ; Watts v. Holmes, 386 P.2d 718, 719 (Wyo.1963).[¶ 41] We recently addressed the issue of a defective pleading in the context of piercing the corporate veil. Ridgerunner, LL......
  • Forbes v. Forbes, Nos. S–14–0122
    • United States
    • United States State Supreme Court of Wyoming
    • January 23, 2015
    ...Currency Totaling $7,209.00, 2012 WY 75, ¶ 24, 278 P.3d 234, 240 (Wyo.2012); BB, 2007 WY 4, ¶ 13, 149 P.3d at 732–33; Watts v. Holmes, 386 P.2d 718, 719 (Wyo.1963). [¶ 41] We recently addressed the issue of a defective pleading in the context of piercing the corporate veil. Ridgerunner, LLC......
  • Honolulu Limited v. Cain, No. 245
    • United States
    • Court of Appeals of Maryland
    • December 8, 1966
    ...be no liability imposed upon the defendant. Crenshaw v. Firestone Tire & Rubber Co., 72 N.M. 84, 380 P.2d 828 (1963); Watts v. Holmes, 386 P.2d 718 I am of the opinion that there was no legally sufficient evidence to show that the defendant breached any duty owed by it to the plaintiffs and......
  • Request a trial to view additional results
30 cases
  • Quinlivan v. Great Atlantic & Pacific Tea Co., Inc., No. 12
    • United States
    • Supreme Court of Michigan
    • November 25, 1975
    ...Ferguson v. J. Bacon & Sons, 406 S.W.2d 851 (Ky.App., 1966); Uhl v. Abrahams, 160 Mont. 426, 503 P.2d 26 (1972), and Watts v. Holmes, 386 P.2d 718 (Wyo., 1963), Inter alia, cases approving the natural accumulation rule, and Palmer Park Gardens, Inc., v. Potter, 162 Colo. 178, 425 P.2d 268 (......
  • Forbes v. Forbes, Nos. S–14–0122
    • United States
    • United States State Supreme Court of Wyoming
    • January 23, 2015
    ...Currency Totaling $7,209.00, 2012 WY 75, ¶ 24, 278 P.3d 234, 240 (Wyo.2012) ; BB, 2007 WY 4, ¶ 13, 149 P.3d at 732–33 ; Watts v. Holmes, 386 P.2d 718, 719 (Wyo.1963).[¶ 41] We recently addressed the issue of a defective pleading in the context of piercing the corporate veil. Ridgerunner, LL......
  • Forbes v. Forbes, Nos. S–14–0122
    • United States
    • United States State Supreme Court of Wyoming
    • January 23, 2015
    ...Currency Totaling $7,209.00, 2012 WY 75, ¶ 24, 278 P.3d 234, 240 (Wyo.2012); BB, 2007 WY 4, ¶ 13, 149 P.3d at 732–33; Watts v. Holmes, 386 P.2d 718, 719 (Wyo.1963). [¶ 41] We recently addressed the issue of a defective pleading in the context of piercing the corporate veil. Ridgerunner, LLC......
  • Honolulu Limited v. Cain, No. 245
    • United States
    • Court of Appeals of Maryland
    • December 8, 1966
    ...be no liability imposed upon the defendant. Crenshaw v. Firestone Tire & Rubber Co., 72 N.M. 84, 380 P.2d 828 (1963); Watts v. Holmes, 386 P.2d 718 I am of the opinion that there was no legally sufficient evidence to show that the defendant breached any duty owed by it to the plaintiffs and......
  • Request a trial to view additional results

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