Zeigler v. Moore

OPINION

By the Court,

Badt, J.:

This appeal is taken from an order and judgment of involuntary dismissal entered on defendant’s motion under Rule 41(b) NRCP at the conclusion of plaintiff’s case.

Plaintiff sued one A1 Christ for damages alleging that her automobile was struck in the rear by a car negligently operated by Christ in August 1955 on Highway 40 about one and one-half miles west of Winnemucca, while plaintiff was driving easterly toward that city. Christ answered, denying negligence but admitting a collision between the two cars. He also pleaded plaintiff’s contributory negligence.…