Finkbeiner v. Chidsey

McCluskey, P. J.,

Motion to take off a compulsory nonguit.

On a motion for compulsory nonsuit all the facts which a jury could find from the evidence on the record are conceded: Munn et al. v. The Mayor, &c., of Pittsburgh, 40 Pa. 364 (1861) ; Deemer et al. v. Weaver, Executrix, 324 Pa. 85, 87 (1936) ; Donze et al. v. Devlin, 329 Pa. 1, 2 (1938). Plaintiff is given the benefit of all favorable intendments and every inference that a jury might draw from the evidence in his favor: Stinson v. Smith et al., 329 Pa. 177, 181 (1938). The credibility of plaintiff’s witnesses must be assumed: see Lucas…