Corbett v. Smith

This is an action for personal injuries. The plaintiff introduced his evidence, when defendant demurred to it, and issue was joined. The Court was of opinion there was no case of liability made out against the defendant on plaintiff’s showing, sustained the demurrer, and dismissed the suit, and plaintiff has appealed, and assigned errors.

It is said, first, that it was error to consider the evidence in the meager light in which the Court below was compelled to consider it, in order to sustain the demurrer. If we understand this assignment, it is that plaintiff having introduced his proof, and,…