Wiggins v. Ponder

Plaintiff excepts to the allowance of the original defendant’s motion for nonsuit of her action. This presents the question whether the admissions in the pleadings and plaintiff’s evidence, taken in the light most favorable to her, permit the inference that the original defendant was negligent and that such negligence was a proximate cause of the accident. The original defendant did not plead contributory negligence on the part of plaintiff; she was a guest passenger; her conduct is not called into question.

Original defendant admits in his answer the allegations of paragraph 4 of the…