Stallings v. Graham

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages for injuries sustained in a collision of automobiles.

Defendant’s demurrer to plaintiff’s evidence, on the ground it proved no cause of action and showed plaintiff guilty of contributory negligence, was overruled. The trial proceeded, but the jury, not being able to agree, was discharged. Defendant now appeals from the ruling on the demurrer.

In determining sufficiency of evidence as against a demurrer, the rule is the court considers only the evidence and inferences therefrom favorable to the party adducing it,…