Neff v. Firth

Opinion by

Me. Justice Jones,

This is an appeal from an order refusing to take off a compulsory non-suit in a trespass action for damages for injuries to the plaintiffs person and property (an automobile) alleged to have been sustained through the negligent operation of the defendant’s automobile. The learned trial judge entered the non-suit, which the court en banc later refused to take off, on the ground that the evidence adduced by the plaintiff at trial “showed nothing but the mere. happening of an accident”.

The facts in the case, taken in the light most favorable to the plaintiff (Stephany…