Chisholm v. Seattle Electric Co.

The opinion of the court was delivered by

Dunbar, J.

Action for damages for injuries alleged to have been received by appellant through being run over by a street car owned and operated by respondent.. At the close of plaintiffs testimony the defendant challenged the sufficiency of. the same and moved for judgment in its favor. The motion was sustained by the court, and this appeal involves the right of the court to sustain the motion, together with the alleged error of the court in striking out certain testimony.

The testimony, in brief, shows that defendant has two car tracks on Second avenue…