Foskett & Bishop Co. v. Swayne
Supreme Court of Connecticut
Action to recover the value of labor and materials and to foreclose a mechanic’s lien therefor, brought to the Superior Court in New Haven County and tried to the court, Robinson, J., by whom a judgment of nonsuit was rendered against the plaintiff as to the defendant Sarah Swayne, from which the plaintiff appealed for alleged error of the court in refusing to set aside said judgment. The case is sufficiently stated in the opinion. .
1Opinion of the CourtAndrews, C. J.
Any court is authorized by § 1109 of the General Statutes to grant a motion for a judgment as in *75case of a nonsuit, if in its opinion the plaintiff has failed to make out a prima facie case. In Booth v. Hart, 43 Conn. 480, 484, this court said: “ In cases tried to the jury we have established the rule, that if there is substantial evidence produced by the plaintiff in support of his cause, which should be weighed and considered by the jury, a nonsuit ought not to be granted. And we think the same rule should be applied in cases tried by the court.” This rule has been elaborated and applied in…
2Cases cited4 opinions
- Cook v. MorrisSupreme Court of Connecticut · 1895
- Huntley v. HoltSupreme Court of Connecticut · 1890
- Booth v. HartSupreme Court of Connecticut · 1876
- Gannon v. ShepardMassachusetts Supreme Judicial Court · 1892
3Cited by5 opinions
- Elie v. C. Cowles & Co.Supreme Court of Connecticut · 1909
- Pentino v. PappasSupreme Court of Connecticut · 1921
- Kruck v. Connecticut Co.Supreme Court of Connecticut · 1911
- Torno Donaher, Inc. v. CovinoConnecticut Superior Court · 1952
- Torno & Donaher, Inc. v. CovinoPennsylvania Court of Common Pleas · 1952