Ketchum v. Conneaut Lake Co.

Opinion by

Mr. Justice Simpson,

Plaintiffs appeal from a judgment of the court below refusing to set aside a compulsory nonsuit. At the bar of this court, it was expressly admitted by defendant’s counsel that, except as to the proof of liability under the contract in suit, there was sufficient evidence produced by plaintiffs to take the case to the jury. To a consideration of this point, we will, therefore, as far as may be, limit ourselves in this opinion; bearing in mind always that on appeals from a refusal to set aside a nonsuit, since sustaining it is a determination by the court that the…