Kennedy v. Independent Quarry & Construction Co.

At the close of plaintiff's evidence the court gave a peremptory instruction in the nature of a demurrer to the evidence, offered by defendant, and the plaintiff took an involuntary nonsuit. His motion to set aside the nonsuit was denied, and the appeal is from the order of denial.

The suit is one for damages for injuries sustained by the plaintiff by the explosion of a dynamite cap in the hands of one Kauffman, while the plaintiff, Kauffman, and an associate of theirs named Schneider, were standing upon a terrace or vacant lot near a drug store at about seven o'clock in the evening, of…