Lich v. Carlin

tance. My reluctance is based upon the fact that this case is, to me, another illustration of the utter absurdity of the present California rule regarding the granting of a nonsuit in an action which is tried by the court without a jury. At the conclusion of the argument on the nonsuit, Judge Perry made an oral summing up of the testimony which occupies some eight pages of the transcript. In it he indicated very clearly his conviction that the evidence, offered on behalf of the plaintiff, was not substantial and that some of it, particularly the testimony of the plaintiff and her husband that…