74 P. 523 | Utah | 1903
after a statement of the case, as above, delivered the opinion of the court.
We are of the opinion that the motion for nonsuit ought to have been granted; that, as this was not done, when both parties rested and submitted the case, a peremptory instruction to the jury to return a verdict in favor of the defendant would have been proper; and that, as no such instruction was given, and none requested, the court should have granted the motion for a new trial. Having come to this conviction it is deemed unimportant to decide the other questions presented.
The judgment must be reversed, with costs, and the cause remanded, with directions to the court below to grant a new trial. It is so ordered.