Martell v. City of Raymond

This action was instituted to recover against defendant municipal corporation for overtime services as a bridge tender alleged to have been performed by plaintiff, under a contract with defendant. At close of plaintiff’s case, the jury was discharged and defendant’s motion for nonsuit was granted. Plaintiff’s motion for new trial was denied, and judgment dismissing the action was entered. Plaintiff appealed.

The assignment that the trial court erred in granting motion for nonsuit and dismissing the action is subject to the handicap — although not suggested by respondent — of the absence of the…