Robinson v. Short

The opinion of the court was delivered by

Thiele, J.:

On the trial of an action to recover damages for injuries sustained in a collision of automobiles, the trial court sustained a demurrer to plaintiff’s evidence. From that ruling plaintiff appeals to this court.

In testing the sufficiency of evidence as against a demurrer, it has been repeatedly held that the court shall consider all of the plaintiff’s evidence as true, shall consider that favorable to the plaintiff and disregard that unfavorable, shall make all inferences favorable to the plaintiff, and shall not weigh any part that is con*135trad…