Raber v. Tumin

Plaintiff seeks to recover damages for personal injuries. Named as defendants are Saul Tumin, who was the lessee of a store in which the injuries were received, and Tumin’s employe Endriss, a carpenter. At the close of plaintiff’s case the court granted the defendants’ motions for nonsuit, and plaintiff appeals. We conclude that as to both defendants the matter should have gone to the jury.

The granting of a motion for nonsuit is warranted “. . . when, and only when, disregarding conflicting evidence, and giving to plaintiff’s evidence all the value to which it is legally entitled, indulging…