Fisk
Fisk v. Poplin
Opinion
Lead Opinion
Langdon, J.
is an appeal by the defendant from a judgment against him for $682.75, recovered by the plaintiff as damages for personal injuries, alleged to have been caused by the negligent driving of defendant’s automobile, which resulted in a collision between it and the plaintiff, causing her injury. The appellant assigns as error the ruling of the trial court in denying his motion for nonsuit, made at the end of plaintiff’s case, and also assigns as error certain findings of the trial court, under the claim that such findings are not sustained by the evidence. Both contentions may be considered together, as both involve a discussion of the evidence appearing in the record, which is favorable to the contentions of the plaintiff. [1] Conflicts in the evidence could not be considered upon a motion for non-suit, and, in view of the findings of the trial court—which were favorable to the plaintiff—we are not concerned with the evidence which may appear in the record to support the defendant’s contentions, as our examination of the evidence must end upon finding therein substantial support for the findings of the trial court.