Brady v. Oregon Lumber Co.

At the outset we are confronted with the question of the sufficiency of the evidence to submit the cause to the jury.

It is a well-established rule in this jurisdiction that a motion for an involuntary nonsuit should never be granted where there is any competent evidence produced by the plaintiff tending to uphold the material allegations of his complaint. And, in considering such evidence, every reasonable intendment, and every fair and legitimate inference which can arise therefrom, must be made in favor of the plaintiff: Farrin v. State Industrial Acc. Com., 104 Or. 452 (205 Pac. 984), and…