The cause is remanded for clarification, with instructions to make definite findings on the issue of whether Brian Dailey knew with substantial certainty that the plaintiff would attempt to sit down where the chair which he moved had been, and to change the judgment if the findings warrant it.
Costs on this appeal will abide the ultimate decision of the superior court. If a judgment is entered for the plaintiff, Ruth Garratt, appellant here, she shall be entitled to her costs on this appeal. If, however, the judgment of dismissal remains unchanged, the respondent will be entitled to recover his costs on this appeal.
Legal use of abide:
Abide Black's Law Dictionary: 2nd Edition Definition:
To "abide the order of the court" means to perform, execute or conform to such order. Jackson v. State, 30 Kan. 88, 1 Pac. 317; Hodge v. Hodgdon, 8 Cush. (Mass.) 294. See McGarry v. Sinte, 37 Kan. 9, 14 Pac. 492. A stipulation in an arbitration bond that the parties shall "abide by" the award of the arbitrators means only that they shall await the award of the arbitrators, without revoking the submission, and not that they shall acquiesce in the award when made. Marshall v. Reed, 48 N. EL 36 ; Shaw v. Hatch, 6 N. H. 162; Weeks v. Trask, 81 Me. 127, 16 Atl. 413, 2 In In A. 532.
Costs on this appeal will conform to the ultimate decision of the superior court. For example