...seven feet from the center of the road to the ditch on the east or opposite side of the highway. At the close of the plaintiff's case the defendant moved for a nonsuit on the sole ground that the plaintiff and his driver, by their negligence, contributed to the injury....

...which the suit was brought, which disclosed the fact that it was a sealed Instrument. At the conclusion of the plaintiff's case the defendant moved for a nonsuit upon the ground that the action was improperly brought because assumpsit Is not the appropriate remedy for the breach of a specialty....

...the collision. The plaintiff received severe and permanent injuries as a result of the collision. At the close of the plaintiff's case, the defendant moved for a nonsuit, which was granted by the court, and Judgment entered thereon. In granting the motion for a nonsuit,...

...Seidman, of New York City, for appellant. Yorke Allen, of New York City, for respondent KELLY, J. At the close of the plaintiff's case the defendant moved for a nonsuit upon the ground that plaintiff had failed to make a prima facie case, and failed to prove the existence of any defects warranting...

...slide clown the roof, and the three men (two besides the plaintiff's intestate) fell to the ground. At the close of the plaintiff's case the defendant moved for a nonsuit, contending generally that no case had been made out, that the plaintiff failed to show negligence upon...

...condition. The evidence in behalf of the plaintiff tended to establish the allegations of her complaint At the close of the plaintiff's case the defendant moved for a nonsuit upon the ground that the plaintiff had failed to show that she had complied with chap. 572 of the Laws of 1886, and that consequently...

...defendant died, an administrator was appointed, and the action was continued against him. At the conclusion of the plaintiff's case the defendant moved for a non-suit upon the ground that the action could not be maintained after the death of the original defendant. The case was allowed to go...

...in the said written agreement was given as to the ownership of the horse raced by Mr. Glenister. At the close of the plaintiff's case the defendant moved for a nonsuit, on the ground that the transaction was within the proviso to the 8th section of the Act 14 Vic., No....

...the ground that the building was not constructed in accordance with the plans and specifications. At the close of the plaintiff's case the defendant moved for a nonsuit on the ground " that the plaintiff has not shown facts sufficient to constitute a canse of action,...

...injuries. The answer, which was replied to, was a general denial and a plea of contributory negligence. At the close of the plaintiff's case the defendant moved for a nonsuit which the court refused, and this is the first error complained of. The plaintiff's evidence, which...