62 Wis. 652 | Wis. | 1885
The record does not show whether the nonsuit was ordered because the judge thought there was no evidence tending to show that the driver of the car was negligent, or because he was of the opinion that it was conclusively proved that those in charge of the child were guilty of negligence which contributed proximately to her death. The case must, therefore, be considered in both aspects.
It was error, therefore, to nonsuit the plaintiff, and we must reverse the judgment for that reason.
By the Court.— The judgment of the county court is reversed, and the cause will be remanded for a new trial.