Auel v. White

Opinion by

Mb. Justice Chidsey,

This is an appeal from an order refusing to take off a nonsuit entered in an action of trespass for personal injuries sustained by a pedestrian when struck by defendant’s automobile. The defendant’s motion for compulsory nonsuit was predicated both upon the failure to prove negligence and upon plaintiff’s contributory negligence. The court en banc based its decision solely on the ground that there was no evidence of negligence. We agree with the action taken by the court below, but we do so for a different reason.

Viewing the evidence adduced on behalf of…