Kalivas v. Northern Pacific Railway Co.

Citations

• 96 Wash. 309
• 165 P. 96
• 1917 Wash. LEXIS 594

Syllabus

<p>Appeal — Review—Dismissal on Merits — Question op Pact. Upon a trial before the court without a jury, a judgment of dismissal upon a challenge to the sufficiency of the evidence is a decision on the merits, presenting on appeal a question of fact for ultimate determination by the court, and not the question presented upon granting a nonsuit at a jury trial.</p> <p>Master and Servant — Injury to Servant — Negligence—Evidence —Sufficiency. In an action for personal injuries sustained by a section hand through the derailing of a hand car when the track wrench fell off the front end of the car, there is no evidence of negligence on the part of the company, where all the conditions were the usual conditions, the foreman was sitting about the middle of the car operating the gasoline motor, and plaintiff was on the front end of the car, and it was as much the duty of the plaintiff to watch the wrench as it was the duty of the foreman.</p>