Donlop v. Snyder

The only exceptions brought forward on this appeal relate to the refusal of the trial court to allow the defendant’s motion for nonsuit made at the conclusion of the plaintiff’s evidence and renewed at the close of all the evidence.

The defendant contends the motion for nonsuit should have been allowed for the reasons (1) that the evidence fails to make out a prima facie case of actionable negligence against the defendant, but (2) if so, that the plaintiff’s evidence establishes contributory negligence as a matter of law.

In determining the questions thus presented the rule is that the evidence…