Proper v. Brenner

This is an appeal from a judgment entered notwithstanding a verdict.

Appellant contends, relying upon Boyd v. Cole, 189 Wash. 81, 63 P. (2d) 931, Smith v. Seattle, 178 Wash. 477, 35 P. (2d) 27, and like cases, that he is entitled to have the judgment set aside and judgment entered upon the verdict if there is any substantial evidence in the record to sustain it, and earnestly insists that there is such evidence. This necessitates a review of those portions of the statement of facts pertaining to liability.

In October, 1935, the appellant, according to his own testimony, resided about two miles…