Ellison v. Evans

(After stating the foregoing facts.) It is the duty of this court, in deciding whether or not the trial court erred in granting a nonsuit, to determine from the record of the testimony, together with all reasonable inferences to be drawn therefrom, whether the plaintiff has proved his case as laid. It is contended by the defendant in error that the plaintiff failed in this respect because the evidence here fails to support the allegation that the truck driver Hayes was, at the time of the occurrence which resulted in the death of the plaintiffs’ decedent, not acting in the scope of his…