Derrick v. Portland Eye, Ear, Nose & Throat Hospital

The defendant assigns error because of the court’s refusal to grant a nonsait. Section 182, subdivision 3, of oar Code, provides that—

“A judgment of nonsait may be given against the plaintiff as provided in this chapter * * when, upon the trial, the plaintiff fails to prove a cause sufficient to be submitted to the jury.”

The court refused to allow the motion for nonsait, whereupon the defendant offered evidence in its own *94behalf, and, at the conclusion of the testimony, moved for a directed verdict, which was denied, and the court’s ruling thereon is also assigned as error.

It is a doctrine so…