Penland v. French Broad Hospital, Inc.

The case on appeal settled by the judge, upon disagreement of counsel, and certified to this Court on defendant’s appeal, O. S., 644, does not show that at the close of the evidence for the plaintiffs, defendant moved for judgment dismissing the action as of nonsuit, C. S., 567. When plaintiffs rested their case, defendant introduced evidence, and at the close of this evidence, plaintiffs introduced evidence in rebuttal. At the close of all the evidence, as shown by the case on appeal, defendant moved for judgment dismissing the action as of nonsuit “upon the ground that in no view of the…