Orville H. Martin, Father and Natural Guardian of Orville Neil Martin, a Minor v. Emma Houser, of the Estate of William J. Houser, Deceased

In this State of Washington personal injury case brought in Federal Court because of diversity of citizenship, the District Court, in accordance with Rule 50(a), Fed.R.Civ.Proc., 28 U.S.C.A., granted appellees’ motion for a directed verdict and dismissal of the action at the close of appellant’s case. Judgment of dismissal was entered and thereafter the District Court denied appellant’s motion for a new trial.

The essence of the District Court’s oral opinion directing the entry of the judgment is that appellant was a licensee to whom, under the settled law of the State of Washington, appellees owed only the duty not to wilfully and wantonly injure him, and there was no evidence of wilful or wanton injury of appellant by appellees.

The evidence, which is not in material dispute, stated in a light most favorable to appellant may be summarized as follows:

The injured minor, hereinafter referred to as “appellant,” was approximately 12 years of age, living with his parents on a farm in the general area of Alpowa Creek. On the day of the accident, appellant was directed by his father to round up a stray cow which had stray ed from his father’s farm to an adjoining farm owned by…