Dunkle v. Spokane Falls & Northern Railway Co.

The opinion, of the court was delivered by

Gordon, J.

At the trial of this action below, plaintiff having introduced his evidence and rested, the defense submitted a motion to discharge the jury from further consideration of the case, and for judgment. This motion was made in conformity to § 4994, Bal. Code (Laws 1895, p; 64, § 1), which is as follows:

“ In all cases tried in the superior court with a jury in which the legal sufficiency of the evidence shall be challenged, and the court shall decide as a matter of law what verdict should be found, the court shall thereupon discharge the jury…