Kosinski v. Hines
Washington Supreme Court
Appeal from a judgment of- the superior court for Pierce county, Card, J., entered June 23, 1919, dismissing on the merits an action in tort on challenge to the sufficiency of the evidence, and denying plaintiff’s motion for a voluntary nonsuit.
1Opinion of the CourtMackintosh, J.
The appellant was injured while in the employ of the respondent and brought this action to recover damages. At the conclusion of the appellant’s testimony, the respondent challenged the sufficiency of the evidence and moved that the jury be discharged and the cause dismissed, and that judgment of dismissal be entered in the respondent’s favor. The motion was argued by counsel for both parties and the matter submitted for decision, whereupon the following occurred:
“The Court: The court ordinarily is very slow to take a case away from the jury, but I deem it my duty to do so in this case. There…
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