Boley v. Larson

On the first trial of this personal injury action, the court sustained defendant’s challenge to the legal sufficiency of the evidence at the conclusion of plaintiff’s case to the jury. On appeal, this court reversed and granted a new trial, concluding that the evidence and the inferences therefrom were sufficient to warrant the submission of the issue of negligence to the jury. Further, the court held that it could not say that plaintiff was chargeable with contributory negligence as a matter of law. Boley v. Larson, 62 Wn.2d 959, 385 P.2d 326 (1963). Quoted with approval in Allen v. Fish, 64…