Johnson Ex Rel. Johnson v. Brown

OPINION

By the Court,

McNamee, J.:

This is a tort action brought by a minor and his mother for personal injuries and medical expenses in connection with an automobile accident in which the minor, while playing in a street, was struck and injured by a car operated by respondent. A jury was impaneled to try the case. After appellants had completed their evidence, respondent moved pursuant to Rule 41(b), NRCP, for a dismissal. While the motion still was undecided, the respondent, upon direction of the court, produced his evidence. Before resting and before offering his proof in support of his claim…