Alto v. Hartwood Lumber Co.

— The respondent, Alto, as plaintiff, brought this action in the superior court of Pacific county against the appellant, Hartwood Lumber Company, to recover in damages for personal injuries. There was a trial in that court before a jury, resulting in a verdict for the appellant. On motion of the respondent, the verdict was set aside and a new trial granted. The appeal is from the order granting a new trial.

The new trial was granted because of erroneous instructions given the jury. As the appellant confesses error in the instructions, and, as we ourselves think them plainly erroneous,…