Simonds v. Interstate Lumber Co.

This is an action of tort to recover for personal injuries received by the plaintiff on September 30, 1910, while in the defendant’s employ, by reason of the tipping over upon him of a loaded lumber wagon. The case was submitted to the jury under instructions not objected to by either party. The jury found for the plaintiff and assessed the damages in the sum of $5,000. The defendant thereupon requested the judge* to rule that there was no evidence on which the jury could find a verdict for the plaintiff. The judge so ruled, and by agreement of parties reported the case to this court. If the…