Howell Ex Rel. Parker v. Utility Manufacturing Co.

The defendant’s chief assignment of error, or the one most strongly urged on the argument and in its brief, is based on the exception addressed to the refusal of the court to grant its motion for judgment as of nonsuit, made at the close of plaintiff’s evidence. The defendant offered no testimony.

Viewing the evidence in its most favorable light for the plaintiff, the accepted position on a motion of this kind, the following facts maybe taken as established, or as reasonable inferences to be drawn from the testimony of the several witnesses:

The plaintiff, a young man about 18 years of age at…