This section contains the nature of the case and procedural background.

Plaintiff brought suit to recover personal injuries suffered from an auto accident with D. P was traveling west at the time of the accident and D was traveling north. All the debris from the accident was located in the Northeast quadrant of the intersection where they collided. D claimed he was driving 50 miles per hour. P never saw D's car but had evidence of skid marks (126 feet) south of the debris and thirty-three feet of scuff marks which lead north from the debris. At the close of P's case, D moved for a nonsuit. That motion was denied, and this appeal ensued.

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