Dawson

The plaintiff brought this action to recover damages caused by an upright piano falling upon and crushing one of her ankles while she was engaged in school work- as a student in the Tulare Union High School. The trial court granted defendants’ motion for a nonsuit, made on the ground set forth in “section 581 of the Code of Civil Procedure, subsection 5, which reads to the effect that ‘An action may be dismissed, or a judgment of nonsuit entered, in the following cases: ... 5. By the court upon motion of the defendant, when upon the trial the plaintiff fails to prove a sufficient case for the jury. ’ ” No other ground was specified in the motion. The plaintiff has appealed from the judgment. “It is . . . settled law that a motion for a nonsuit must point the attention of the court and counsel to the precise grounds upon which it is made. ... It is not sufficient to state generally that there is no evidence before the court justifying it in granting any relief to the plaintiff, or that plaintiff has failed to prove a sufficient case. The motion should show wherein the plaintiff failed to prove its case or why he is not entitled to recover.” (9 Cal. Jur. 548; Masero v. Bessolo, 87…