Rittenhouse v. St. Louis-San Francisco Railway Co.

This suit, an action for negligence by the administratrix of deceased for his wrongful death, was instituted in the Circuit Court of Lawrence County on the 10th day of June, 1920. A trial was had, in which both plaintiff and defendant submitted evidence. At the conclusion of the whole evidence, the court indicated that it would give an instruction in the nature of a demurrer to the evidence, when plaintiff took an involuntary non-suit, with leave to move to set the same aside. Thereupon, plaintiff filed a motion to set the nonsuit aside, which the court sustained, and defendant appeals.

The…