DeGraf v. Seattle & Tacoma Navigation Co.

The opinion of the court was delivered by

Scott, J.

This is an action for damages for personal injuries. At the close of the plaintiff’s testimony the defendants moved for a non-suit, which the court granted. Whereupon the plaintiff appealed. The respondent moves to dismiss on the ground that there has been no final judgment in the case. The order granting the motion is as follows:

“Thereupon [referring to the closing of the testimony in chief], defendants’ attorney moved the court for an order of non-suit, which motion is granted upon due consideration thereof, and the cause is ordered'…