Dunkle v. Spokane Falls & Northern Railway Co.

Citations

• 20 Wash. 254
• 55 P. 51
• 1898 Wash. LEXIS 515

Syllabus

<p>NEW TRIAL—REVIEW ON APPEAL—DISMISSAL AND NON-SUIT.</p> <p>An order granting a new trial is reviewable on appeal, although no abuse of the discretion of the trial court is shown, when such order is based solely upon an error of law.</p> <p>N Where the court has granted the motion of defendant to discharge the jury and for judgment in its favor, made in conformity with Bal. Code, § 4994 (Laws 1895, p. 64, § 1), which provides that in all cases in which the legal sufficiency of the evidence shall be challenged, and the court shall decide as a matter of law what verdict should be found, the court shall discharge the jury and direct judgment to be entered in accordance with its decision, a motion of plaintiff for a dismissal of his case without prejudice comes too late.</p>