Bartz v. Braun

At the close of the plaintiffs’ testimony, the appellants moved for a nonsuit and the motion was denied by the trial court. It is contended upon appeal that this was error.

A motion for nonsuit presents a question of law for determination by the court and is equivalent to a demurrer to the evidence. In passing thereon the trial court should view the evidence in a light most favorable to the plaintiff and must give the plaintiff the benefit of the most-favorable inferences that can reasonably be deduced therefrom. Lake Mills v. Veldhuizen (1953), 263 Wis. 49, 56 N. W. (2d) 491.

At the time the…