Coulson v. Aberdeen-Springfield Canal Co.

BUDGE, J.,

Concurring Specially. — At the close of appellant’s testimony respondent made the following motion for nonsuit:

“We move for a nonsuit of this case for the reason that the complaint herein fails to state a cause of action; for the further reason that the proof fails to establish any negligence on the part of the defendant, and there is an entire absence of sufficient or any proof to establish any liability on the part of the defendant; for the further reason that the evidence shows conclusively that the plaintiff herein is guilty of such negligence, if there is any negligence in the…