Frisell v. Surry
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Frater, J., entered March 26,1917, dismissing, upon the opening statement of counsel, an action for wrongful death, upon a trial before the court and a jury.
1Opinion of the CourtWebster, J.
This is an appeal from the judgment of the lower court dismissing the action brought by the plaintiff, after having sustained defendants’ motion therefor made subsequent to the empaneling of a jury and at the conclusion of the opening statement of plaintiff’s counsel, upon the ground that the opening statement did not state facts sufficient to constitute a cause of action.
*202The measure of the court’s right to withdraw a case from the jury and direct judgment for the defendant, upon the opening statement of counsel for the plaintiff, has been clearly defined by this court. In Redding v. Puget…
2Cases cited3 opinions
- Redding v. Puget Sound Iron & Steel WorksWashington Supreme Court · 1905
- James v. PearsonWashington Supreme Court · 1911
- Brooks v. McCabe & Hamilton, Inc.Washington Supreme Court · 1905
3Cited by8 opinions
- Wilkey v. StateSupreme Court of Alabama · 1939
- Carter v. King CountyWashington Supreme Court · 1922
- State v. GallagherCourt of Appeals of Washington · 1976
- Charada Investment Co. v. Trinity Universal InsuranceWashington Supreme Court · 1936
- Strmich v. Departmet of Labor & IndustriesWashington Supreme Court · 1948
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