Gerber v. Multnomah County

On May 29,1931, plaintiff, while crossing what is known as the Burlington bridge from the mainland to Sauvies island, in his automobile, ran into a plank which protruded some four or five inches above the surface of the bridge, causing the automobile to crash through the bridge railing and drop to the ground below, which resulted in injuries to plaintiff and damage to his automobile.

At the close of plaintiffs testimony the defendant, without resting its case, made a motion for involuntary nonsuit (referred to by defendant as a motion for a directed verdict), which was denied by the court. The…