McCourtie v. Bayton

— This is an appeal from an order of the trial court granting a new trial on the sole ground that an erroneously prejudicial instruction had been given which probably induced a verdict by the jury in favor of appellants. The material facts, some of which are undisputed, are substantially as follows:

Respondent, a minor suing by his mother as guardian ad litem, is a telegraph messenger delivering messages by motorcycle. He lived with his mother, who was the housekeeper for one John DeBoer, and a young brother. DeBoer rented a house in Georgetown, a suburb of Seattle, belonging to appellant…