O'Connor v. Force

Citations

• 58 Wash. 215
• 108 P. 454
• 1910 Wash. LEXIS 920

Syllabus

<p>Appeal—Right to Appeal—Proceedings—Consolidated Actions. A single appeal from one judgment entered in actions consolidated for trial may be taken by appellants jointly affected by the judgment.</p> <p>Trial—Province op Court and Jury—Prima Facie Case—Judgment Notwithstanding Verdict. Where, on a former appeal, a nonsuit is reversed because the evidence made out a prima facie case for the jury, it is error on a retrial, after refusing a nonsuit because the evidence was substantially the same as on the former trial, for the trial court to grant a judgment for the defendant notwithstanding a verdict for the plaintiffs; his power being limited to the granting of a new trial if the verdict amounted to a miscarriage of justice.</p> <p>- Appeal and Error—Decision—Remand—New Trial. Where, after a verdict for the plaintiffs, defendant moved for a new trial and also for a judgment notwithstanding the verdict, and the latter motion was erroneously granted, the supreme court, on reversing the case, will remand it with directions to give the defendant the benefit of his motion for a new trial, since he is entitled to have the same acted upon.</p>