Yama v. Sigman

It is well to remember that in this case the question involved has to do with the ruling of the trial court on defendant’s motion to dismiss, upon which he elected to stand after the motion was denied. Under such circumstances the plaintiff’s evidence must be taken as true. Arps v. City and County of Denver, 82 Colo. 189, 257 Pac. 1094; Robinson v. Belmont-Buckingham Holding Co., 94 Colo. 534, 31 P. (2d) 918. In Ford v. Town of Meeker, 64 Colo. 201, 170 Pac. 955, we said: “A motion for nonsuit admits the truth of plaintiff’s evidence and every inference of fact that can legitimately be drawn,…