Robinson v. Silver Lake Railway & Lumber Co.

The parties to this controversy appeared in this court in cause No. 21856 (Robinson v. Silver Lake Ry. & Lum. Co., 153 Wash. 261), and reference should be made to that case, and the opinion there should be read in connection with the opinion here. The statement there made is here adopted.

In the first trial, at the close of the plaintiff’s case, the defendant, Silver Lake Railway & Lumber Company, challenged the legal sufficiency of plaintiff’s evidence and moved for a dismissal, which motion was by the trial court sustained.- From the order and judgment which followed, the plaintiff appealed,…