Rich v. Tite-Knot Pine Mill

Plaintiff brought an action against defendant for damages because of personal injuries received while in defendant’s sawmill. Plaintiff’s complaint contained two alternative theories of recovery. The first was based upon common law negligence and the second was under the Employers’ Liability Act. Upon the completion of plaintiff’s case in chief the court granted an involuntary non-suit as to plaintiff’s second theory. The case was submitted to the jury on the common law theory and the jury returned a verdict for plaintiff. Defendant appealed.

Throughout the entire proceedings in this case…