Rowe v. Public Service Co.

Action to recover damages for injuries to plaintiff’s yearling horse incurred on plaintiff’s property in Rochester on September 23, 1968. At the close of plaintiff’s evidence motions for nonsuit by Public Service, Seaward, and another defendant Biron & Sons were granted by Mullavey, J. Plaintiff did not except to the granting of the Biron motion. His exceptions to the nonsuits granted to the others were reserved and transferred. The sole issue to be decided is whether on the evidence presented the trial court properly withdrew the case from the consideration of the jury. The standard of…