Elliott v. Seattle Chain & Manufacturing Co.

This is an appeal from an order granting a new trial in a personal injury action, and the only inquiry is, whether there is any evidence which should have been submitted to the jury. At the close of the case, the appellant's challenge to the sufficiency of the evidence was sustained and a judgment made for the appellant. Thereafter, the respondent having made a motion for a new trial, the motion was granted.

The evidence, viewed as it should he in answering the question in this case, shows substantially that, about 6:30 or 7:00 o ’clock on an August evening, an employee of the appellant parked…