Clark v. Shepherd

To sustain the action of the trial court in rendering a judgment of involuntary nonsuit defendants argue that the complaint does not state facts sufficient to constitute a cause of action and that the testimony is insufficient to justify the submission of the case to the jury. The trial court based its order of non-suit upon the insufficiency of the testimony.

The complaint appears to state a cause of action. Collier v. Hopper, 133 Ark. 599, 202 S. W. 687.

As to the automobile in suit, the only testimony to which our attention has been called upon which plaintiff makes the claim that the issue…