Gerritsma

This is an appeal from a judgment of nonsuit against plaintiff and in favor of defendant after the latter’s motion therefor upon the completion of plaintiff’s presentation of evidence, the trial court sitting without a jury. The motion was made upon the grounds that plaintiff had failed to establish a prima facie case of culpable negligence against defendant and that plaintiff’s evidence showed her to be guilty of contributory negligence as a matter of law. Plaintiff urged below and upon this appeal that a prima facie case was made out and also that the case is one to which the “last clear chance” rule applies and that she is entitled to have the case submitted to a jury.

The ruling from which the appeal is taken requires us to review the evidence and case in its aspects most favorable to plaintiff. “It is hardly necessary to say that if inferences can reasonably and fairly be deduced from the evidence which sustain the allegations of the complaint, it is error to grant a motion for a judgment of nonsuit. Negligence may be established by circumstantial evidence, which is nothing more than one or more inferences which may be said to arise reasonably from a series of proven facts.…