273 Wis. 448 (1956)

WEIHERT and others, Appellants, vs. PICCIONE, Respondent. [Three cases.]

Supreme Court of Wisconsin.

October 9, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by Fisher & Fisher of Janesville, and oral argument by Cleland P. Fisher.

For the respondent there was a brief by Jeffris, Mouat, Oestreich, Wood & Cunningham, and oral argument by Louis D. Gage, Jr., all of Janesville.


The learned trial court granted the defendant's motions for nonsuit on the ground that sufficient evidence had not been introduced at the trial to support the averments of the complaints. The challenge here is to such ruling.

A motion for a nonsuit is equivalent to a demurrer to the evidence. In passing upon such motion, it is incumbent upon the court to view the evidence in a light most favorable to the plaintiff, and the court must give the plaintiff...

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