Fox v. Farnsworth

The sole question for decision in this automobile accident case is whether the court was correct in granting the defendants’ motion challenging the sufficiency of the evidence at the close of the plaintiffs’ case and dismissing the action. Appellants, plaintiffs below, appeal from the judgment dismissing the action.

It is familiar law that such a motion involves no element of discretion, and the evidence must be taken in the view most favorable to the plaintiff which includes, of course, all favorable inferences.

On May 30, 1958, appellant wife was driving the family car on north Fourth Street…