Cooke v. Stevens

In an action for wrongful death plaintiffs appeal from a judgment for defendant Stevens entered upon a jury verdict, and for defendant Crown Zellerbach Corporation entered following the granting of a nonsuit. They also purport to appeal from the verdict and from the order denying their motion for a new trial, neither of which is appealable.

The errors assigned are that the court erroneously instructed the jury upon assumption of risk, and that the court should not have granted the nonsuit. The only basis for asserting liability against Crown Zellerbach Corporation is the rule of respondeat…