Denny v. . Snow

At tbe close of plaintiff’s evidence and at tbe close of all tbe evidence, tbe defendant made motions in tbe court below for judgment as in case of nonsuit. O. S., 567. We think the motions should have been granted.

From a careful review of tbe evidence, we do not think it is of sufficient probative force to have been submitted to tbe jury. It raised a suspicion, a conjecture, a guess, a surmise, a speculation, but there must be more than this, more than a scintilla of evidence, to take a case to tbe jury, and we do not find it on this record.

“A verdict or finding must rest upon facts proved,…