Edens Ex Rel. Edens v. Adams

The only question presented is whether the plaintiffs’ evidence was sufficient to establish a prima facie case of negligence on the part of the defendant.

“‘On a motion for judgment of compulsory nonsuit, plaintiff’s evidence is to be taken as true, and considered in the light most favorable to him, giving him the benefit of every fact and inference of fact pertaining to the issues which may be reasonably deduced from the evidence. Plaintiff’s evidence must be considered in the light of his allegations to the extent the evidence is supported by the allegations. . . .’” Gibbs v. Light Co., 268…