Powers v. Loose-Wiles Co.

Plaintiff was an employee in the defendant’s service and suffered personal injury which, she charges to its negligence. She instituted this action to recover damages. At the close of the evidence in her behalf the trial court gave a a instruction in the nature of a demurrer and she thereupon took a nonsuit with leave to move to set the same aside. She then made that motion, basing it upon-the statement therein, that “plaintiff’s evidence was sufficient to present to the jury an issue of fact as to whether defendant’s negligence was not the sole cause off plaintiff’s injury.”

It appears that…