Roe v. Standard Furniture Co.

Citations

• 41 Wash. 546
• 83 P. 1109
• 1906 Wash. LEXIS 1004

Syllabus

<p>Trial — Practice — Judgment Non Obstante Veredicto- — Statutes — Construction. Under Bal. Code, § 6521, providing that the supreme court may direct the proper judgment to be entered, and § '5056, providing that the trial court shall consider alleged error on motions for a new trial or for judgment notwithstanding a verdict, it is competent for the trial court, after a verdict for the plaintiff, to entertain a motion by the defendant for judgment non obstante veredicto, and to grant the same where it appears that the plaintiff has no possible right to recover.</p> <p>Master and Servant — Collision of Furniture Vans — Contributory Negligence. The driver of a one-horse delivery wagon, injured in a collision with a heavy furniture van, which was backing up to the curb, is guilty of contributory negligence precluding a recovery, where it appears that he was, in the day time, driving along a wide street free from other obstructions, with his horse under control, and undertook, without reason or excuse, to drive between the curb and the large van, when as a careful driver he should have known that he could not do so, and when he might have stopped or passed in front.</p>