Kimble v. Wilson

Opinion by

Me. Justice Linn,

Miss Kimble, who was very seriously injured in a motor vehicle collision, brought suit and now complains of the refusal to take off nonsuits entered in favor of three of the defendants.

A nonsuit may be entered only in a clear case. If there is doubt of the inferences that may be drawn from the oral evidence, it must be submitted to the jury. In passing on a motion to nonsuit and in reviewing the refusal to take off a nonsuit, the oral evidence must be regarded in the light most favorable to the plaintiff, who must receive the benefit of every fact the jury might…