Dawson v. Tulare Union High School

The plaintiff brought this action to recover damages caused by an upright piano falling upon and crushing one of her ankles while she was engaged in school work- as a student in the Tulare Union High School. The trial court granted defendants’ motion for a nonsuit, made on the ground set forth in “section 581 of the Code of Civil Procedure, subsection 5, which reads to the effect that ‘An action may be dismissed, or a judgment of nonsuit entered, in the following cases: ... 5. By the court upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the…