Hajduk v. Grays Harbor Railway & Light Co.

Citations

• 115 Wash. 217
• 196 P. 625
• 1921 Wash. LEXIS 693

Syllabus

<p>Trial (63)—Province op Court and Jury—Judgment Non Obstante. A motion for judgment notwithstanding the verdict should he granted only when the court can say, as a matter of law, that there is neither evidence nor reasonable inference from evidence sufficient to sustain the verdict.</p> <p>Street Railroads (17)—Operation—Injuries to Children. In an action against a street railway company for personal injuries inflicted upon a child two years of age, the evidence presents a question for the jury when it shows she was lying between the rails in a residential district; that she was dressed in a white dress; that the motorman did not notice her until within twenty-five or thirty feet of her, though he kept a lookout for persons who might be on the track; and that he stopped the, car as quickly as he could at a distance of ninety-five or one hundred feet beyond where he hit the child.</p>