Moody v. Kersey

The sole question presented by this appeal is: Did the trial court err in entering the judgment of nonsuit at the close of plaintiff’s evidence?

Defendants contend there is not sufficient evidence of actionable negligence to permit the issue to be submitted to a jury.

We find no evidence in the record that will allow the reasonable inference that the signals given by Jefferson were the proximate cause of plaintiff’s injury. The signals given by him allowed defendant Kersey, without difficulty, to raise the chute from the ground and place it in position to be properly secured. All the evidence…