Heinlen v. Martin Miller Orchards, Inc.

At the conclusion of the plaintiff’s case, in the trial of this cause before a jury, the court sustained the defendant’s challenge to the sufficiency of the evidence and dismissed the action with prejudice. These rulings are assigned as error by the plaintiff in this appeal.

The facts, considered most favorably for the plaintiff, are as follows: Plaintiff was employed by defendant to work in its orchards, and, at the time of his injury, was in charge of the operation of the brush-shredding machine by which he was injured. He had operated it for about nine weeks (six weeks in 1948, and three to…