O'keefe V. South End Rowing Club
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Descripción editorial
MOSK, J. In this action for personal injuries plaintiff appeals from a judgment of nonsuit entered at the close of the presentation of his evidence. The rule is familiar that "A nonsuit may be granted only where, disregarding conflicting evidence on behalf of the defendants and giving to plaintiff's evidence all the value to which it is legally entitled, therein indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff." (Reynolds v. Willson (1958) 51 Cal. 2d 94, 99 [331 P.2d 48]; Blumberg v. M. & T. Incorporated (1949) 34 Cal. 2d 226, 229 [209 P.2d 1]; Estate of Lances (1932) 216 Cal. 397, 400 [14 P.2d 768].) A careful analysis of the record of this brief trial impels us to the conclusion, however reluctant, that it contains no substantial evidence to support a verdict for plaintiff under any tenable theory of liability, and hence that the judgment should be affirmed.