Kelley v. Stout Lumber Co.

Plaintiff had a verdict in an action to recover damages for personal injuries sustained while employed as a “choker setter” in carrying on certain logging operations of the defendant company. Defendant appeals.

Error is assigned on the denial of defendant’s motion for judgment notwithstanding the verdict. It is not contended that the allegations of the complaint are insufficient to state a cause of action. There was no motion for nonsuit or directed verdict. We have several times stated the motion made is directed to' the state of the pleadings: Section 202, Or. L.; Bernstein v. Berg, 123 Or.…