McGraw v. Friend & Terry Lumber Co.

HAYNES, C.

Action to recover damages for personal injuries. At the conclusion of plaintiff’s evidence the defendant moved for a nonsuit, its motion was granted, and from the judgment entered thereon the plaintiff has taken this appeal. Upon a former trial the plaintiff had a verdict and judgment, but that judgment was reversed, upon defendant’s appeal, upon the ground that the court erred in denying defendant’s motion for a nonsuit, made then, as now, at the conclusion of plaintiff’s evidence in chief.

The injury complained of was sustained November 18,1894, and the first trial was had in…