# Rogge v. Weaver

> Alaska Supreme Court · February 6, 1962 · 368 P.2d 810

URL: https://www.frixlaw.com/law-library/cases/9620604

## Case

- **Full name:** Gene ROGGE D/B/A Sourdough Freight Lines, Appellant, v. Kenneth E. WEAVER, Howard M. Weaver and Ruth Weaver D/B/A Weaver Brothers; Weaver Bros., Inc., an Oregon Corporation; And Harold Adams, Appellees
- **Court:** Alaska Supreme Court
- **Decided:** February 6, 1962
- **Citations:** 368 P.2d 810; 1962 Alas. LEXIS 142
- **Precedential status:** Published
- **Opinion:** Dissent by Arend
- **Judges:** Nesbett, Dimond, Arend
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9620604

## Opinion text

AREND, Justice
(dissenting).
My brothers seem to base the result they have reached upon two rulings, either one of which would be dispositive of the case: (1) Rule 41(b) does not permit a trial court in a non-jury case to dismiss a plaintiff’s action, before the defendant has rested, in instances in which the plaintiff has made out a prima facie case. (2) The trial court in this case committed clear error when it found that the plaintiffs had failed to prove their case by a preponderance of the evidence.
I cannot agree with either ruling. In my opinion the judgment should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9620604. Public record. Not legal advice.