Brooks v. McCabe & Hamilton, Inc.

Citations

• 39 Wash. 62
• 80 P. 1004
• 1905 Wash. LEXIS 816

Syllabus

<p>Tbial—Opening Statement of Counsel—When Gbound fob Dismissal. A judgment for defendant on the merits, based upon the plaintiff’s opening statement to the jury, is justified only when facts are admitted from which it affirmatively appears that there is no cause of action or that there is a complete defense, and the omission to state a ease fully is not ground for such a’ judgment.</p> <p>Appeal—Review—Findings on Conflicting Evidence. A judgment in an action for personal injuries, tried to the court without a jury, will not he reversed upon questions of fact upon which there is conflict in the evidence, where the evidence is sufficient to sustain the findings of the trial judge.</p>