Weihert v. Piccione

The learned trial court granted the defendant’s motions for nonsuit on the ground that sufficient evidence had not been introduced at the trial to support the averments of the complaints. The challenge here is to such ruling.

A motion for a nonsuit is equivalent to a demurrer to the evidence. In passing upon such motion, it is incumbent upon the court to view the evidence in a light most favorable to the plaintiff, and the court must give the plaintiff the benefit of the most favorable inferences that can reasonably be deduced therefrom. Lake Mills v. Veldhuizen (1953), 263 Wis. 49, 56 N. W.…