Carew v. R. K. O. Radio Pictures, Inc.

YANKWICH, District Judge.

On the basis of accepted principles, the plaintiff has failed to show a prima facie case. We have never, in the federal courts, adhered to the doctrine of the State courts which is carried to the extreme in California, that a scintilla of evidence is sufficient against a motion to dismiss (or a motion for a nonsuit). Courts of California have gone to the romantic length of saying that even if the testimony is such that the court would disbelieve it if it were passing upon the case on the merits, nevertheless, it must believe it and give it full credence on a motion…