Legal Opinion

Akin v. Bradley Engineering & Machinery Co.

Washington Supreme Court

Decided December 16, 1907No. 6935PublishedCited by 37 opinions

Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered May 3, 1907, dismissing an action for personal injuries, upon counsel’s opening statement to the jury.

1Opinion of the CourtRoot, J.

Plaintiff brought this action to recover damages for personal injuries sustained by the explosion of a dynamite cap. When the case was called for trial, plaintiff’s attorney made an opening statement to the court and jury of the facts of the case as plaintiff intended to establish them. At the *98conclusion of his opening statement, and before any evidence was taken, the defendant moved for a judgment of dismissal upon such statement, which motion was granted and the case dismissed. From the judgment, this appeal is prosecuted.

The opening statement of the attorney showed these facts: That…

2Cited by37 opinions

  1. Eckerson v. Ford's Prairie School District No. 11Washington Supreme Court · 1940
  2. Lone Star Gas Co. v. ParsonsSupreme Court of Oklahoma · 1932
  3. Schock v. Ringling Bros. Etc.Washington Supreme Court · 1940
  4. Sarna v. American Bosch Magneto Corp.Massachusetts Supreme Judicial Court · 1935
  5. Jaquith v. WordenWashington Supreme Court · 1913

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