Gordon v. Cal-Neva Lodge, Inc.

OPINION

By the Court,

Merrill, C. J.:

This is an appeal taken by the plaintiff below from an order of involuntary dismissal of the action entered by the trial judge. The case was tried to the court below without a jury. Under Rule 41(b) N.R.C.P. the order was entered after plaintiff had completed presentation of his evidence on the ground that upon the facts and the law plaintiff had failed to prove a sufficient case for the court. Upon this appeal the plaintiff contends that a sufficient case had been proved and that the court thus was in error in ordering involuntary dismissal.

Upon this issue…