Rose Wong and Kent Wong v. Walter Swier and Laura Swier

In this action for personal injuries to the appellant Rose Wong, a resident of Idaho, — to be referred to hereinafter as “the appellant” (Kent Wong being joined merely because he was her husband), ■ — alleged to have been caused by the negligence of the appellees Walter and Laura Swier, residents of Cowiche, Washington, through failure to furnish a safe ladder while she was engaged in picking apples in an orchard owned by the appellees, the jury’s verdict was against the appellant. A motion for a directed verdict in favor of the appellant made at the conclusion of the testimony was denied, as was also a motion, made after the entry of the judgment for the appellees, for a judgment notwithstanding the verdict, or, in the alternative, to grant a new trial.

Before us is an appeal from the judgment entered upon the verdict.

This being a diversity case, the rights of the parties are governed by state law,- — the District Court trying the case sat, in effect, as a State Court. This fact is of utmost importance, in this case because, in passing on the alleged errors committed by the trial court, we must apply the law of negligence and the law of master and servant of the State of…