Forsman

This in an appeal from a judgment of nonsuit in an action alleging wilful misconduct, brought by plaintiff against defendants.

The court may grant a nonsuit only when, disregarding conflicting evidence and giving to plaintiff all the value to which it is legally entitled, therein indulging in every legitimate inference which may be drawn from the evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict or judgment in his favor if such were given. (Perera v. Panama Pacific International Exposition Co., 179 Cal. 63 [ 175 Pac. 454 ].)

It therefore becomes necessary in order to pass upon the ruling of the court to review the evidence introduced by plaintiff and determine whether or not there was sufficient to support a verdict in her favor.

About 2 o’clock of an afternoon a few days prior to Christmas, 1931, defendants, husband and wife, invited plaintiff to accompany them into the mountains to get a Christmas tree. The invitation was accepted and the three set out in defendants’ ear. They reached their destination over a narrow mountain road without mishap, and found a tree suitable for their purpose. On the way home Mr.…