California Court of Appeal September 10, 1957, Civ. No. 17468 (Newman v. Clinton Cafeteria Co.)

BRAZIL, J. pro tem.*

When this case was called for trial before a jury, the plaintiff’s attorney made an opening statement of what he expected to prove, and just as soon as that was done the defendant moved for a nonsuit upon that statement. The motion was granted and a judgment of nonsuit was thereupon entered in favor of the sole remaining defendant, the Clinton Cafeteria Company.