Kitchen Lumber Co. v. Tallassee Power Co.

At the close of plaintiff’s evidence and at the close of all the evidence, defendant made motions for judgment as in case of nonsuit, C. S., 567. The court below overruled these motions and in this we can see no error.

Is is too well settled in this jurisdiction to cite authorities that on motion to dismiss or judgment as in ease of nonsuit, the evidence is to be taken in the light most favorable to plaintiff and he is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom. An exception to a motion to dismiss or judgment as…