Arvin v. McClintock

Winboene, C. J.:

The sole question to be decided in case on appeal is whether or not the trial court erred in allowing defendants’ motion for nonsuit. Taking the evidence offered upon the trial in the light most favorable to the plaintiff and giving to him the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom, as is done when considering motion for judgment of nonsuit, the conclusion is that the plaintiff’s intestate was negligent, as a matter of law, and that his negligence contributed to his untimely death, Clontz v. Krimminger,…