Pellett v. Sonotone Corp.

McCOMB, J.—From

a judgment in favor of defendants after trial before a jury predicated upon the granting of defendants’ motions for nonsuits on the grounds that:(1) Plaintiff’s cause of action was barred by the statute of limitations (subd. 3, § 340, Code Civ. Proc.), and(2) The evidence failed to disclose negligence on the part of defendants or either of them,

plaintiff appeals. The action is one for damages resulting from the alleged negligence of defendants in failing to remove from plaintiff’s ear all of the plaster of Paris used in making a cast thereof.

Viewing the evidence in the light…