Beck v. Hooks

I think the decision in this case involves considerations with which the jury alone has the right to deal. In its rationale it disregards the rules established for the consideration of questions of nonsuit in an appellate court, designed to prevent just that result.

*114In considering whether the evidence discloses negligence on the part of the defendants, the main opinion frankly takes note of the evidence of the defendants, and the explanation given by them, as supporting the conclusion that there was no negligence. That is, of course, contrary to the rule, and “invades the province of the…