Freeman v. Martin

Eberhardt, Judge.

As was suggested by the trial judge in connection with his ruling on the motion for nonsuit, there are two constructions that might be placed on this evidence. We find ourselves in agreement with him that under either construction a recovery by the plaintiff is not authorized, and we affirm the grant of the nonsuit.

*239If we construe the evidence as establishing that Martin suddenly and unexpectedly lost consciousness for some unforeseen reason, such as a fainting spell, a heart attack, or the like, plaintiff could not recover because there is a failure to show any negligence on…