Hill v. Shanks

DEFENDANT’S APPEAL:

Defendant contends his motions for nonsuit should have been granted on the grounds that, first, no actionable negligence on the part of defendant has been shown by the evidence, and second, even if the evidence should be deemed sufficient for submission to the jury on the question of defendant’s negligence, plaintiff’s contributory negligence is apparent as a matter of law.

It is elementary that on motion to nonsuit all the evidence which tends to support plaintiff’s claim must be taken as true and considered in the light most favorable to plaintiff, giving him the benefit…