Whichard v. Lipe

Whatever may be its final decision, should tbis case come here again upon a similar state of facts, tbe Court has expressly declined to rule one way or tbe other as to whether there is any evidence in tbe record in support of plaintiff’s claim. Tbe decision dismissing tbe action by judgment of nonsuit rests solely on tbe suggested fact of variance between tbe allegation and proof with respect to tbe identity of defendant’s servant or agent charged with the negligence alleged to bave produced plaintiff’s injury. To test tbe correctness of tbis ruling it must be conceded that there is at least…