The test for a directed verdict for the defendant at the close of the plaintiff's case under Part 26 Rule 8 of the District Court Rules is the jury test: the plaintiff's evidence must be taken at its highest, and the case should only be dismissed if a jury verdict for the plaintiff would necessarily be set aside on appeal. A plaintiff's evidence that a dodgem car lost control upon hitting a pool of water on the rink surface was sufficient evidence of causation to go to a jury.
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