Messina v. Rhodes Co.

— This is an appeal from a judgment of dismissal entered after sustaining defendants’ challenge to the sufficiency of the plaintiffs’ evidence interposed at the end of plaintiffs’ case.

The trial court also denied plaintiffs’ motion for a new trial. The judgment stated as the court’s reasons for dismissal that it had “ruled as a matter of law” that

plaintiffs did not produce substantial evidence to support their claim, and in addition, and in any event, the plaintiff wife was contributorily negligent as a matter of law ....

The action was brought to recover for injuries sustained by the…