California Court of Appeal September 1, 1937, Civ. No. 11488 (Burt v. Baker)

McCOMB, J.

From a judgment in favor of defendanafter the trial court granted defendant’s motion for a non-suit in an action to recover damages for personal injuries plaintiff appeals.

Viewing the evidence most favorable to plaintiff, as wo must in reviewing a judgment predicated upon the granting of a motion for a nonsuit (Montgomery v. Nelson, 211 Cal. 497, 499 [295 Pac.