Beck v. International Harvester Co. of America

Citations

• 85 Wash. 413
• 148 P. 35
• 1915 Wash. LEXIS 845

Syllabus

<p>Trial — Direction of Verdict — Correction of Error — Judgment Notwithstanding Verdict. Tbe action of tbe court in rendering judgment non obstante veredicto, after overruling a motion for non-suit and a challenge to the sufficiency of the evidence, was proper, where there was no sufficient evidence on which to base a recovery introduced at the trial; since, if the court decided erroneously in the first instance, its powers were ample to correct its error at any time before the entry of a final judgment.</p> <p>Same — Time for Motion. Where judgment on a verdict has not been actually entered, the court would not he precluded from rendering judgment non obstante from the mere fact that a right existed to entry of judgment on the return of the verdict.</p> <p>Same — Taking Case From: Jury. Where there is a substantial conflict in the evidence, the court has no right to determine, as a question of law, a motion for nonsuit, a challenge to the sufficiency of the evidence, or a motion for a judgment notwithstanding the verdict, on the ground that the party holding the affirmative has failed to prove a cause for the jury.</p> <p>Master and Servant — Injuries to Servant — Fellow Servants— Sufficiency of Evidence. An employee injured while unloading machinery from a car, due to the carelessness of another employee in not securely fastening pieces remaining after the removal of an outside piece, cannot recover on the ground that a fellow employee was selected by the master as its representative and that he allowed the place to become unsafe, where it appears that the work was not out of the ordinary and was commonly performed without direct supervision; that there was no hidden danger and plaintiff had been engaged in similar work and was not working under the supervision of his fellow employee, both being employed as common laborers at the same wages; and the order of the foreman given to unload the cars was directed to the one as much as to the other.</p> <p>Same — Vice P