Atkins v. Clein

As I view this case, the evidence produced at the trial was not sufficient to permit a verdict for respondents. For this reason, questions relative to whether there was error in the instructions given are not controlling in the disposition of this appeal.

In the following cases, we held that, if the evidence did not disclose facts sufficient to support a verdict for the proponent of the motion, it was error for the trial court to grant a new trial for irregularities committed in submitting the case to the jury: Grass v. Seattle, 100 Wn. 542, 171 P. 533; Adams v.Anderson Middleton Lumber Co.,…