Allman v. Southern Railway Co.

At the close of plaintiff’s evidence, the defendant made a motion in the court below for judgment as in case of nonsuit. C. S., 567. The court below sustained the motion, and in this we can see no error. The evidence must be taken in the light most favorable to plaintiff. The exceptions and assignments of error to the exclusion of certain evidence, as follows, cannot be sustained: (1) In regard to Ben Carswell having an understanding that the deceased, Joe Allman, Jr., would meet him near the culvert. This throws no light on the controversy as to how plaintiff’s intestate was killed. (2) “If…