Davis v. Underdahl

At the conclusion of plaintiff’s case in chief, defendant moved for an order of dismissal and nonsuit against the plaintiff, which the court refused to grant, and at the conclusion of all of the testimony defendant moved for a directed verdict in his favor, which the court also refused to grant, to which rulings exceptions were allowed.

Defendant contends that the court erred in refusing to grant defendant’s motions for an order of nonsuit and for a directed verdict in favor of defendant upon the ground that the testimony conclusively showed that the plaintiff was guilty of contributory…