Lambuth v. Stetson & Post, Mill Co.

This action was brought to recover damages for sawing up and rendering difficult, uncertain and impossible of identification, certain saw-logs, on which the plaintiff’s several assignors had liens for labor. The cause went to trial before the court, a jury having been waived by the parties. After plaintiff had put in his evidence and rested, defendant moved for non-suit and a dismissal of the action on the ground that the evidence had not shown that plaintiff was entitled to recover. This motion was granted for the reason, as stated by the court, that a fair preponderance of the proof…