Aguilera v. Atchison, Topeka & Santa Fe Railway Co.

Plaintiffs brought this action for damages for the death of Angel Aguilera, which occurred in a railway crossing accident. Nonsuit was granted at the close of plaintiff’s evidence, and plaintiffs appeal.

Nonsuit Evidence Rule

The rule is that on a motion for nonsuit at the close of the plan tiff’s evidence, the evidence must be viewed in the light most favorable to the plaintiffs, giving to the support of plaintiffs’ case every applicable presumption of law and every inference reasonably deducible from the evidence ; that all conflicts in the evidence are to be disregarded, and that unless the…