Gomez v. Lindberg

This is an appeal from a judgment entered after the granting of a motion for nonsuit. The motion was granted upon the ground that the evidence showed plaintiff guilty of contributory negligence as a matter of law.

The general rule governing the granting of motions for non-suit is clearly stated in 9 California Jurisprudence, page 551, as follows.■ “It is, therefore, well settled that upon a motion for nonsuit, particularly Avhcn made at the close of plaintiff’s case, all the evidence must be construed most strongly against the defendant. Every favorable inference, fairly deducible, and every…