Wiser v. Northwestern Improvement Co.

Citations

• 86 Wash. 433
• 150 P. 619
• 1915 Wash. LEXIS 1010

Syllabus

<p>Appeal — Review—Presumptions. Upon appeal, a judgment non obstante veredicto will be presumed to have been entered upon the grounds stated in the motion, in the absence of any indication to the contrary.</p> <p>Pleadings ■ — ■ Issues, Proof and Variance — Failure of Proof— Food — Sales of Impure Food. In an action for damages through the alleged negligent sale of impure food, a verdict for the plaintiff cannot, in the absence of any evidence of negligence, be sustained upon the theory of liability under the pure food law, where there was no issue in the pleadings founded upon that act.</p>