Fisher v. Kirk & Son, Inc.

KING, J.,

(Pro Tempore)

This is an action for damages for personal injuries. Plaintiff claims both under the Employers’ Liability Act and under common-law negligence.

After the plaintiff had completed his case, the lower court granted defendant’s motion for nonsuit and plaintiff appealed.

There is just one assignment of error, namely: The court erred in sustaining defendant’s motion for nonsuit.

The plaintiff, Edward D. Fisher, was a 44-year-old truck driver regularly employed as such by Consolidated Freightways. He had been working for the same employer for approximately 10 years prior to the…