Carr v. Merrimack Farmers Exchange, Inc.

“When a motion for a nonsuit is made upon an opening statement which sets forth all the material facts of which evidence is to be presented, the statement is to be treated as though the evidence had been introduced. The inquiry then is whether upon that evidence there is a case for submission.” Charpentier v. Company, 91 N. H. 38, 40; Taylor v. Jewell, 98 N. H. 331, 332. In passing upon defendant’s motion for nonsuit, the Court must consider the evidence as true and consider all the evidence most favorably to the plaintiff. Leonard v. Manchester, 96 N. H. 115.

The decisive inquiry here is…