State Ex Rel. Western Stevedore Co. v. Jones

French, . J.

One Joseph Miller brought an action against the Western Stevedore Company for damages on account of personal injuries. The case came to trial. At the close of the plaintiff’s evidence, the following occurred:

“Mr. Caret: At this time, the defendant, at the close of the plaintiff’s evidence, challenges the sufficiency of the evidence, and moves for a judgment in favor of the defendant upon the ground,

“That the plaintiff has failed to prove any negligence alleged in the complaint, and has failed to prove any actionable negligence of the defendant. This is a case where a stevedore is…