Willins v. Ludwig

The opinion of the court was delivered by

Buiíijn'g, «L

This is an action at law sounding in tort based upon the alleged actionable negligence of the defendant. The ground of appeal is: “because the trial court erroneously entered a judgment of nonsuit at the close of the plaintiff’s case on motion of the defendant.”

It is well established that on a motion for a nonsuit the defendant admits the truth of the plaintiff’s evidence and of every favorable inference fairly to be deduced therefrom, but denies their sufficiency in law.

From the stipulation of the defendant-respondent, it appears he hold…