Heeter v. Nisi

This is an action to recover damages for personal injuries alleged to have been sustained by plaintiff at Hiawatha, Kansas, on February. 18, 1935, while plaintiff was riding in an automobile owned by the defendant Nisi and *210operated by the defendant Pattavina. At the close of plaintiff’s case, the defendants, moved to dismiss the action for the reason that the evidence was insufficient to sustain the allegations of plaintiff’s petition, which motion was sustained and-the action dismissed. From the overruling of his motion for a new trial, plaintiff appeals.

The record discloses that the action…