(DOWNLOAD) "Reynolds V. Filomeo" by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Reynolds V. Filomeo
- Author : Supreme Court Of California
- Release Date : January 02, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is an appeal by plaintiffs in a personal injury action, wherein a judgment of nonsuit was entered at the close of plaintiffs' case. In challenge of the propriety of such adverse ruling, plaintiffs rely on the settled principle that a judgment of nonsuit can be supported only if "disregarding conflicting evidence, and giving to plaintiff's evidence all the value to which it is legally entitled, indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff." (Blumberg v. M. & T. Inc., 34 Cal. 2d 226, 229 [209 P.2d 1]; also Andre v. Allynn, 84 Cal. App. 2d 347, 348 [190 P.2d 949]; Seaford v. Smith, 86 Cal. App. 2d 339, 343 [194 P.2d 792]; Karstensen v. Western Transportation Co., 93 Cal. App. 2d 435, 438 [209 P.2d 47].) An examination of the record sustains plaintiffs' position that the trial court was "not justified in taking the case from the jury." (Estate of Lances, 216 Cal. 397, 400 [14 P.2d 768].)