Cleveland-Akron Bag Co. v. Jaite

At the close of the plaintiff’s evidence the defendant moved for a directed verdict. The motion was overruled. A similar motion was made at the close of the entire evidence, and that motion was also overruled. The defendant company maintains that there was no evidence tending to prove negligence on its part, and that error intervened in the overruling of these motions for nonsuit. Counsel opposing the direction of a non-suit rely upon what they term a “scintilla” of evidence to support their case. It would be well to discard the use of that term and employ the more common-sense rule announced…