Jones v. Johnston Testers, Inc.

VALLÉE, J.

Plaintiffs appeal from a judgment of nonsuit granted in a jury trial of an action for wrongful death.

The rules which govern a reviewing court in the determination of an appeal from a judgment of nonsuit are well known and need not be repeated.

Plaintiffs are the heirs of Clayton Jones, who died as a result of injuries received on May 23, 1952, while working as a rotary helper upon an oil well which was being drilled by his employer, K. L. Kellogg and Sons. On the day of the accident drilling had progressed to the stage where a water shutoff test was to be made. The tools for the test…