Stungis v. Wavecrest Realty Co.

The plaintiff brought an action to recover damages for personal injuries sustained while using the facilities of a bathing resort owned by the defendant. At the conclusion of the plaintiff’s case in chief, the court sustained a motion of defendant, and discharged the jury and dismissed the action. Errors were assigned for a new trial, and overruled by the court, bond given, and plaintiff appealed to this court.

A brief summary of the evidence will be given before attempting to determine the law relating to the subject or the soundness of the court’s ruling in taking the case away from the jury.