Craig

The present action is for personal injuries suffered by plaintiff when she fell overboard from the roof of the cabin of a motor cruiser while it was anchored off Catalina Island. The defendants are Kaplan, the owner of the boat, and one Sperry who, previous to the day of the accident, had served as skipper. 1 Motions of defendants for non-suit were granted and plaintiff appeals.

The facts of the case are undisputed. The rule that a nonsuit can be granted only when the evidence of the plaintiff is legally insufficient to support a judgment in his favor is understood by all lawyers and requires no elaboration or citation of authority.

Kaplan owned a 42-foot motor cruiser (Nora Kate III) ; he chartered it to a party of 10 for a four-day cruise to Catalina Island; he provided the services of Sperry as skipper for limited duty and charged $125 a day for the boat and $25 per day for the services of Sperry. These services consisted of taking the boat and party from Alamitos Bay to Newport Beach and instructing members of the party in what they should know in order to operate the boat on the cruise to the island. As had been agreed, Sperry left the boat at Newport Beach and it was…