Majority
p. 529Rudd and another vs. Davis.
Headnote
A nonsuit may be ordered at the trial after evidence has been given on both sides, if a verdict for the plaintiff would be. against the clear weight and effect of the evidence.On error from the supreme court. For a report of the case in that court, see 3 Hill, 287 et seq. It was argued here by
C. O’Conor, for the plaintiffs in error, and
J L. Mason <Sf J. P. Hall, for the defendant in error.
delivered opinions concurring substantially with the view taken of the case by the supreme court. And
On the question being put, “ Shall this judgment be reversed ?” all the members present who heard the argument, thirteen in number, voted for affirming.
Judgment affirmed.